what does it mean to declare something "constitutional?"?

Answer 1

The term refers to judicial review, a process whereby the courts can make a finding that a statute, rule or regulation is (or is not) consistent with the requirements of the constitution. It's a very large subject and without context, it's impossible to provide a really complete answer.

Answer 2

It's related to or protected by the constitution.

A single court's refusal to declare a law unconstitutional does not necessarily mean it's constitutional. You have to look at the language used by the court to see what they did say, and what they didn't. Sometimes they never even get to the constitutional issue and strike down the application of a law on other grounds.

In the US, the last word on federal constitutionality is the US Supreme Court. But the Supreme Court has reversed its own past decisions on occasion.

So you see the Constitution is a living document.

Answer 3

In the US -- the federal constitution trumps (overrides) and federal or state laws -- and in most US states, the state constitution trumps any state laws.

So, a law may be declared "unconstitutional" if it violates the requirements or limitations of the appropriate constitution.

If a constitutional challenge is brought, seeking to declare a law to be unconstitutional -- and the person bringing the law loses -- then the law is found to be constitutional.

In the US, all laws are assumed to be constitutional until determined otherwise by an appropriate court.

Answer 4

The Constitution is the highest law of our nation. If something is not in violation of the Constitution, or is a means of upholding the Rights spelled out in the Bill of Rights, it is called 'constitutional'.

Examples:

To own and carry firearms is 'constitutional' because the Constitution states that act shall not be infringed, that it is our Right to keep and bear arms.

To freely express your religion is constitutional.

To suppress expression of religion is NOT constitutional.

To vote is constitutional. To charge any sort of tax or require a permit to vote is NOT constitutional, since that would infringe upon the right to vote.

Answer 5

it means that it is legal as opposed to unconstitutional which is illegal