Written by the Fiveable Content Team • Last updated September 2025
Verified for the 2026 exam
Verified for the 2026 exam•Written by the Fiveable Content Team • Last updated September 2025
Definition
The constitutionality of something refers to whether or not it is in line with the principles and provisions outlined in the Constitution. In the context of a legal issue, it means determining if a law or action is allowed under the Constitution.
Related terms
Judicial Review: Judicial review is when the courts have the power to determine if laws or actions are constitutional.
Due Process: Due process refers to fair treatment and protection of individual rights under the law.
Separation of Powers: The separation of powers refers to how governmental powers are divided among different branches (legislative, executive, judicial) to prevent any one branch from becoming too powerful.