Constitutional avoidance
Constitutional avoidance: The canon that a court should avoid deciding a constitutional question if it can decide the case on another ground, and should read a statute to avoid serious constitutional doubts when that reading is fairly possible. Its classic statement is Justice Brandeis's concurrence in Ashwander v. TVA, 297 U.S. 288, 346–48 (1936).
What constitutional avoidance means
In practice, you will see constitutional avoidance in pleadings, motions, orders and court rules. The definition above explains the general meaning. Even so, the meaning can shift with context. Therefore, always read it alongside the rule or document where it appears.
Where constitutional avoidance comes up
The term is used across many kinds of cases. For example, you may see it in pleadings, motions and court orders. To see it in context, browse the motions and procedures library or the Learn the Law topics.
How to research the term
First, read the term where it actually appears. A rule, statute or court decision may define it for its own purposes. Next, check whether your court has a local rule that uses constitutional avoidance in a special way. Then look at recent decisions from courts in your jurisdiction. They show how judges apply the term today. Also, remember that state law can differ from federal law. For that reason, use our state procedures guide to find your state’s rules. Finally, confirm every source is current before you rely on it.
You can read the current federal court rules online for free.
Related legal terms
- Conditional acceptance: in contract law, a response to an offer that agrees only on condition of new or different terms.
- Conduct: a person's actions or failures to act.
- Consolidation: joining two or more separate cases that involve a common question of law or fact, so they are heard or tried together. Federal Rule of Civil Procedure 42(a) allows it.
- Constitution: the fundamental law of a nation or state that establishes the government, divides and limits its powers and protects individual rights. In the United States there is a federal Constitution and a constitution for each state. Laws that conflict with the applicable constitution are invalid.
Why precise terms matter
Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.
Sources
Sources last reviewed: 2026-10-24
Lawtopolis provides legal information and education, not legal advice. Using this site does not create an attorney-client relationship. Laws and court rules vary by jurisdiction and change over time; verify every authority against the official source and consult a licensed attorney in your jurisdiction about your situation.