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Fourteenth Amendment Equal Protection and Due Process

WEBIt nullifies and makes void all State legislation, and State action of every kind, which impairs the privileges and immunities of citizens of the United States, or which …

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U.S. Constitutional Amendments

WEBPassed on March 23, 1971, and ratified July 1, 1971, the Twenty-Sixth Amendment lowered the voting age to 18: Section 1. The right of citizens of the United …

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Fourth Amendment Seizures of Property

WEBThe Fourth Amendment protects “the right of the people to be secure in their persons, houses, papers, and effects” from unreasonable search or seizure. In general, …

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The Eighth Amendment and the Death Penalty

WEBA part of the Bill of Rights, the Eighth Amendment provides several important protections for people who are convicted of a crime. And perhaps the most widely known …

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Medical Privacy Under Due Process

WEBSubstantive due process under the Fifth Amendment is a complicated area of law. Since these rights are not explicitly stated in the Constitution, the Supreme Court …

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Fifth Amendment Due Process: Prosecutorial Issues

WEBDue process is especially important in criminal proceedings when someone's freedom, or in some cases their life, is on the line. The Supreme Court has …

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The Tenth Amendment

WEBThe Amendment expressly declares the constitutional policy that Congress may not exercise power in a fashion that impairs the States’ integrity or their ability to …

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Commerce Powers Under Article I of the U.S. Constitution

WEBThe Commerce Clause is a major source of Congress' power. The Commerce Clause has been interpreted by the Supreme Court to grant three broad …

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The Twenty-Fifth Amendment: What Happens if a President Is No …

WEBSection 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President. Section 2. Whenever there is …

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Abortion Rights as a Part of Due Process

WEBIn 1973, the Supreme Court held that the Fifth Amendment’s due process clause includes a right to privacy in Roe v.Wade – and that through this right of privacy, …

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Do States Have Sovereign Immunity

WEBAnd in extending protection against suits brought by foreign governments, the Court made clear the immunity flowed not from the Eleventh Amendment but from …

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Regulatory Takings- FindLaw

WEBA regulatory taking is a situation where the government limits the legal use of private property to the point that the owner essentially cannot use it. As with physical …

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Financial Assistance to Church-Related Institutions Under the First

WEBThe Supreme Court’s first opportunity to rule on the validity of governmental financial assistance to a religiously affiliated institution occurred in 1899, the assistance …

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Mootness Doctrine

WEBThere's a lot to unpack in Article III, from the types of cases federal courts can take to the creation of the Supreme Court. The mootness doctrine is a limitation on …

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What Is Symbolic Speech Under the First Amendment

WEBThe First Amendment protects several of the most notable rights we have in the United States – including freedom of speech. This constitutional right protects …

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Does the First Amendment Protect Against Compelled Speech

WEBFor information regarding a specific legal issue affecting you, please contact an attorney in your area. Most people know that the First Amendment protects the right …

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Article III Standing Requirements

WEBThere are several requirements that a case must meet before it can be heard by a federal court. One of the most confusing is the standing requirement. In order to …

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Supreme Court Jurisdiction in Controversies Between States

WEBThe extension of federal judicial power to controversies between states and the vesting of original jurisdiction in the Supreme Court of suits to which a state is a …

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