Simone Lawson
If you believe that your constitutional rights have been violated, you may be able to file a constitutional claim. Constitutional claims can be brought against the government or government officials for a variety of relief, including declarative, injunctive, and monetary relief. In the United States, Rule 5.1 of the Federal Rules of Civil Procedure outlines the requirements for filing a constitutional challenge to a federal or state statute. This includes promptly filing a notice of constitutional question and serving it on the appropriate attorney general. However, it is important to note that there may be procedural hurdles when bringing state constitutional claims in federal court, such as Pullman abstention and sovereign immunity.
| Characteristics | Values |
|---|---|
| Federal question jurisdiction | Basis for many of the Supreme Court's high-profile cases |
| Constitutional claims | Brought in federal court |
| Federal courts | Bound to follow state law as announced by the highest state court |
| Federal courts | Will not review judgments of state courts resting on adequate and independent state grounds |
| Federal courts | Must be notified of a constitutional challenge to a federal or state statute |
| Federal courts | Must certify a constitutional challenge to the US Attorney General or state attorney general |
| Sovereign immunity | States, state agencies, and state officials are protected from being sued |
| Sovereign immunity | Makes it difficult to sue for damages, injunctive or declaratory relief |
| Ex Parte Young | Allows suits against state officials for violations of the federal constitution |
| Pullman abstention | Doctrine admonishing federal courts to abstain from ruling on uncertain questions of state law |
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What You'll Learn
Federal question jurisdiction
For federal question jurisdiction to exist, the cause of action must arise under federal law. This means that the plaintiff's initial complaint must contain references to the federal question and the federal issue evoked. The federal question must be presented from the initial complaint and cannot arise in an anticipated defense. The Supreme Court has interpreted this requirement broadly, finding that it allows federal courts to hear any case in which there is a federal ingredient. This interpretation is supported by Osborn v. Bank of the United States, 22 US 738 (1824).
To meet the requirement of a case "arising under" federal law, the federal question must appear on the face of the plaintiff's complaint. There has been considerable dispute over what constitutes a "federal question" in these circumstances. However, it is now settled law that a plaintiff cannot seek the jurisdiction of a federal court merely because they anticipate that the defendant will raise a defense based on the Constitution or a federal statute.
In addition to the constitutional requirement, for federal question jurisdiction to exist, the requirements of 28 USC 1331 must also be met. This statute gives federal courts jurisdiction over cases that "aris [e] under" federal law. This requirement has been found to be narrower than the constitutional requirement. The Supreme Court has found that a "suit arises under the law that creates the cause of action," as seen in American Well Works v. Layne, 241 US 257 (1916). Therefore, only suits based on federal law are likely to create federal question jurisdiction, as seen in Louisville & Nashville R. Co. v. Mottley, 211 US 149 (1908).
Another test used by courts to determine federal question jurisdiction is the Grable Test, from Grable & Sons Metal Products, Inc. v. Darue Engineering & Manufacturing. This is a two-part test:
- Does the claim have a "federal ingredient" for federal question jurisdiction under Article III Section 2 of the Constitution?
- Does the claim meet the requirements for 28 USC 1331 federal question jurisdiction?
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Constitutional challenge to a statute
Challenging a statute on constitutional grounds is a complex process that differs from other types of lawsuits. Constitutional challenges often carry broader societal implications, impacting the enforceability of a law for the entire population. Consequently, the standard of proof in constitutional cases is higher, reflecting the weight of potentially overturning established legislation.
Initiating a constitutional challenge typically requires professional assistance from a seasoned constitutional lawyer. The process begins with filing a complaint in federal court, clearly identifying the statute being challenged and explaining how it infringes on constitutional rights. One critical factor in such cases is "standing," which refers to demonstrating personal harm caused by the statute. Courts generally mandate that plaintiffs have standing, meaning they are personally affected by the law. Another important concept is "ripeness," which means that the harm being alleged must be either actual or imminent, not hypothetical or speculative. If a law hasn't been enforced or its effects are unclear, a court may dismiss the case as unripe.
When challenging a statute, it is crucial to gather solid evidence and expert testimony to support your argument. This can include constitutional provisions, court precedents, or legal scholars' opinions. Identifying the correct defendant is also essential. Typically, the defendant should be the government entity or official responsible for enforcing the statute. For example, if challenging a state law, the defendant might be the state's governor or attorney general. If challenging a federal law, the defendant could be a federal agency or official.
Rule 5.1 of the Federal Rules of Civil Procedure outlines specific requirements for constitutional challenges to a statute. It requires any party questioning the constitutionality of a federal or state statute to file a notice of constitutional question and serve it on the appropriate attorney general. This notice must be filed promptly and should state the question and identify the paper that raises it. The rule also allows for a 60-day period for intervention, which can be extended by the court. During this time, pretrial activities may continue without interruption, and the court can grant interlocutory relief. However, the court cannot enter a final judgment holding a statute unconstitutional before the attorney general has responded or the intervention period has expired.
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Enforcing constitutional rights
Persons may also assert constitutional rights offensively, bringing a civil suit against the government or government officials for declaratory, injunctive, or monetary relief. For instance, if a state law prohibited carrying certain symbols of hate (e.g., a swastika) in a parade, this could violate the First Amendment right to free speech. Members of the Ku Klux Klan could bring a suit for damages against the city under 28 U.S.C.§ 1983, a statute that allows individuals whose constitutional rights have been violated to seek monetary damages from the responsible public official or governmental body.
However, there are challenges to enforcing constitutional rights. States are protected by the doctrine of sovereign immunity, which makes it difficult to sue them for damages. While individuals can seek injunctive relief to prohibit constitutional violations, they cannot typically sue states for damages afterward. Additionally, government officials also receive varying degrees of immunity from damages, with some, like judges, legislators, and prosecutors, being completely immune.
When it comes to federal courts, state constitutional claims are rarely raised. Procedural hurdles, such as Pullman abstention, which discourages federal courts from ruling on uncertain questions of state law, and sovereign immunity, make it challenging for state constitutional claims to be heard in federal court. As a result, litigants often choose to pursue federal claims in federal court, leaving state claims unaddressed at the federal level.
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Statutory claims
- Unfair dismissal
- Redundancy payment
- Equal pay
- Sex, race, or disability discrimination
- Discrimination on the grounds of age, religion, belief, or sexual orientation
- Any claim under the Protection from [Xxxxxxxxxx Xxx 0000]
- Any claim for the infringement of any other statutory employment rights
The procedure for filing a statutory claim varies depending on the jurisdiction and the specific circumstances of the case. Here is a general overview of the process:
- The claimant should use a single claim form to start all claims that can be conveniently disposed of in the same proceedings.
- The claimant must serve the claim form and particulars of the claim on the defendant within the specified time frame, which is usually within 14 days.
- If the defendant disputes the claim, they must file a notice of intention to defend and a defence within a certain timeframe, typically around 28 days.
- The claimant then needs to continue the claim by filing a reply in response to the defendant's defence.
- If the defendant ignores the claim, the claimant may request a default judgment or money order for the amount outstanding after a certain period, usually around 28 days.
- The claimant may need to pay a filing fee, which is typically limited to the fee for filing a complaint in state or federal court.
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Procedural hurdles
One example of a procedural hurdle is the requirement to provide notice of a constitutional challenge to a statute. Rule 5.1 of the Federal Rules of Civil Procedure requires that a party filing a pleading, written motion, or other paper questioning the constitutionality of a federal or state statute must promptly:
- File a notice of constitutional question, stating the question and identifying the paper that raises it.
- Serve the notice and paper on the Attorney General of the United States or the state attorney general, depending on whether a federal or state statute is being questioned. This can be done by certified or registered mail or by sending it to an electronic address designated by the attorney general.
The court has 60 days to intervene, which can be extended by the court or upon motion. During this time, pretrial activities may continue without interruption, and the court can grant interlocutory relief. However, the court cannot enter a final judgment holding a statute unconstitutional before the attorney general has responded or the intervention period has expired without response.
Another procedural hurdle is the requirement that the party seeking judicial review must apply to a High Court judge, who will consider the procedural hurdles to reduce the number of claims. Grounds for judicial review include:
- Illegality: A decision-maker has acted outside their powers.
- Irrationality: A decision has been made that is so outrageous in its defiance of logic or accepted moral standards that no sensible person could have arrived at it.
- Procedural Impropriety: There has been a failure to satisfy procedures laid down by legislation or a breach of the rules of natural justice.
Additionally, ouster clauses, inserted into legislation by Parliament, can also present a procedural hurdle by excluding or ousting the jurisdiction of the court for all or certain grounds.
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Frequently asked questions
You can file a claim on constitutional grounds in a federal court.
A constitutional claim is a legal assertion grounded in a law passed by a legislative body. Federal question cases often involve the application of federal substantive law as the basis for a claim or defense.
Rule 5.1 relates to the requirements for filing a constitutional challenge to a federal or state statute. It requires a party filing a claim to promptly file and serve a notice of constitutional question to the relevant attorney general.
