Constitutional law deals with the state and federal constitution. The federal constitution is the supreme law of the land and generally serves to protect from Government overreach. Federal law recognizes a cause of action when someone acting under the color of the law deprives someone of his or her constitutional rights.
Parties are entitled to equal protection under the law and are entitled to freedom of speech, freedom to associate, and the right to exercise their religion. Similarly, people are entitled to be free from government sponsored religion.
North Carolina common law also recognizes a cause of action for when a person’s state constitutional rights have been offended. The constitution applies to government actors and government actors are entitled to certain types of immunity.
The federal due process clause is implicated in courtrooms all over the Country. When criminal defendants go to trial the standard of proof is beyond a reasonable doubt because this is the standard the US Supreme Court has said satisfies their right to due process before the government deprives them of their liberty.
If you think your constitutional rights have been offended, please contact the office to discuss your situation.