Statutory / Administrative vs. Constitutional Lawyers

 

Statutory / Administrative vs. Constitutional Lawyers

1. Statutory / Administrative vs. Constitutional Lawyers

• Statutory Lawyers:

  • These lawyers primarily practice under statutes enacted by legislative bodies (federal or state law).

  • Most attorneys operate as statutory lawyers, meaning their authority and duties derive from state statutes, regulations, and bar rules, not directly from the Constitution itself.

• Administrative Lawyers:

  • Attorneys working for administrative agencies (like the IRS, SEC, or DMV) operate under administrative law.

  • Their powers are delegated by statutes that create and empower the agency; they do not have inherent constitutional authority.

• Constitutional Lawyers:

  • Lawyers who practice constitutional law are advisors or litigators interpreting constitutional rights.

  • Simply being an attorney does not automatically make one a “constitutional lawyer.”

  • Constitutional authority comes from the Constitution itself, not from a bar card, membership, or court licensing.

2. Attorneys, Judges, and Prosecutors

• Attorneys:

  • Licensed by private bar associations under state rules and courts.

  • Act as officers of the court or as advocates for clients.

  • Authority is derivative—granted by courts or statutes, not the Constitution.

• Judges:

  • Judicial officers, usually elected or appointed according to state or federal constitutions.

  • Their authority derives from Article III (federal) or state constitutions, not from bar membership.

  • They interpret law, but do not inherently license attorneys; they admit them to practice under court rules.

• Prosecutors / District Attorneys:

  • Work for the government under statutory authority.

  • Their power to prosecute crimes comes from legislation (state penal codes or federal law), not the Constitution directly.

  • They are not “constitutional lawyers” by default, even though they enforce law within the constitutional framework.

Summary Table

Role	Source of Authority	Constitutional Authority?	Notes
Attorney (private)	Bar admission, statutes	No (derivative)	Officers of the court; regulated by state bar rules
Attorney (gov’t)	Statutes / agency	No (derivative)	Administrative lawyers, enforce regulations
Judge	Constitution / appointment	Yes (judicial)	Authority to interpret law; not licensed by bar
Prosecutor	Statutes / election	No (derivative)	Enforces statutory law; not inherently constitutional authority

Key Point:
Attorneys, whether in private practice or government, are primarily statutory or administrative lawyers, not constitutional officers. Their authority is granted by statutes, courts, and bar associations, not directly by the Constitution. Only judges, in their official judicial capacity, have constitutional authority to interpret law.