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I understand that they learn a LOT about the Constitution and deal with trying to either decide or influence if a particular law is Constitutional or not, but do they go to "regular court" or is it primarily in the Supreme Court? Is it generally just a lot of paperwork, or do they see the inside of a court room on a frequent basis?
Just curious.

2007-11-15 09:23:29 · 2 answers · asked by Tonya in TX - Duck 6 in Politics & Government Law & Ethics

2 answers

Your question is wide open. Any case, criminal or civil, can have constitutional issues to resolve. When a constitutional issue is raised, then if not resolved in the lower courts, it can go up on appeal until it reaches the Supreme Court. The Supreme Court has ultimate jurisdiction over constitutional issues. Let's say for instance that you are arrested for breaking and entering your neighbors house. The police come while you are inside the house because another neighbor saw you and called it in. They arrest you and put you in jail without telling you why you are being arrested. They don't read you your rights and don't give you an arraignment in proper time. Eventually you are convicted of breaking and entering. Then, on appeal, the court realizes that you were only in there to check on your neighbor who had not been seen or heard from in a week. The police find the neighbors travel plans and track him down in another state. The neighbor tells the police that you were authorized to check on his place in his absence. You are released. Now, you assert your constitutional rights caused by the violations of the police. You have a habeas corpus claim for holding you without just cause. You have a Miranda claim for their not telling you of your rights. You may have an unreasonable search and seizure claim. All these issues can be appealed clear up to the Supreme Court if they are not satisfactorily addressed in the lower courts.
So to answer your question in a short way, constitutional lawyers can be found in all venues of the judicial system, lower courts as well as higher courts as well as in the legislative system drafting laws that are constitutional. It is mostly boring research and writing, drafting and editing, but it is mentally stimulating.

2007-11-15 10:42:43 · answer #1 · answered by rac 7 · 1 0

Lawyers deal with the courts of all levels arguing constitutionality of an issue (in a criminal proceeding).

2007-11-15 09:28:44 · answer #2 · answered by nixdad96 5 · 0 0

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