With much of the U.S. divided on various political and social issues, prospective law school students may be excited by the idea of defending Americans’ rights and liberties through the practice of constitutional law. But law professors and practicing attorneys say legal jobs focusing exclusively on constitutional law are exceedingly rare.
Very few U.S. attorneys have the opportunity to argue before the nation’s Supreme Court, experts say, and the odds of becoming a Supreme Court justice are miniscule. It’s also uncommon to become a constitutional law scholar at either a think tank or law school.
“There are relatively few lawyers who just practice constitutional law however it is defined,” says Lawrence Friedman, a constitutional law professor at New England Law Boston. While some lawyers work for the American Civil Liberties Union and related organizations or for the Senate Judiciary Committee, he says for most , constitutional law is only one part of their job.
However, constitutional law has a vast array of applications in the legal profession, and mastering constitutional law through required and elective courses will help prospective attorneys learn skills that they will use throughout their careers. Here are some ways constitutional law influences lawyers as well as tips for choosing a strong constitutional law program.
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Consider Constitutional Law’s Influence
One common misconception among constitutional law enthusiasts is the idea that they need to work for a national, high-profile employer to pursue that interest, says criminal defense attorney Jason W. Swindle Sr. He says his mission as a lawyer is to protect his client’s constitutional rights.
“The Constitution is involved in so many things that people don’t think about, not just what SCOTUS is doing right now with some hot-button issue that they’re ruling on; but in literally hundreds of thousands of trial courts around this country, the Constitution is being used,” says Swindle, an adjunct professor of criminology at the University of West Georgia. Criminal trial attorneys wrestle with constitutional law on a regular basis.
Understanding constitutional law is an asset in most legal jobs, experts say, particularly those that involve appellate law, criminal law, civil rights law, administrative or regulatory law, government relations law and First Amendment law.
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The leading authorities on constitutional law “are the prosecutors and defense attorneys battling in court over traffic stops, confessions, searches of homes, etc. Every single criminal case in America has constitutional aspects to it,” Swindle said via email. Lawyers who work as judges or in policy jobs at both the national and local level also confront constitutional questions on a regular basis, experts note.
Experts say political controversy over immigration policy is increasing constitutional legal work on immigration issues. David Benowitz, a founding partner of Price Benowitz LLP in the District of Columbia and an adjunct professor for Harvard Law School‘s trial advocacy program, says increased opportunities are available through nonprofits, private clients and advocacy.
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Choose a Strong Constitutional Law Program
An individual’s interest in constitutional law usually comes from a desire to reform the legal system and address a specific political issue, such as racial and religious discrimination, abortion or the Second Amendment, say Austen Parrish, the dean and James H. Rudy Professor at Indiana University–Bloomington’s Maurer School of Law.
Before students choose a law program, though, Parrish says they should identify the aspect of the Constitution that concern them most. This can help both liberal and conservative students identify the right constitutional law program.
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Experts say the key to comparing constitutional law programs is to evaluate professors’ resumes. Have they published influential constitutional analysis or litigated important constitutional cases? Faculty who have background in both the theory and practice of constitutional law are best equipped to give guidance on this subject, experts say.
Another important trait to look for, experts note, is whether a law school offers a Supreme Court litigation clinic. These clinics, such as those at Stanford University and Yale University, allow students to work on various aspects of current Supreme Court cases, including crafting briefs.
Although this type of clinic is generally only offered at top law schools, experts note it’s possible for students to receive solid training in the application of constitutional law through any appellate law clinic or practicum, including one that provides convicted criminals with legal assistance during the conviction appeal process.
“Constitutional law is a great way for students to develop their analytical abilities,” Friedman says. “It is one of the very few areas of law that is completely case-driven, and understanding how courts decide constitutional issues — really digging into the opinions, taking them apart and putting them back together and being able to predict where the law is going next — it’s a fantastic training ground.”
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Master Constitutional Law For a Successful Legal Career originally appeared on usnews.com
