constitutional law

Definition

Hazy, uncertain, or imprecise.  Used in reference to words — especially sentences and paragraphs — that are not clearly expressed. A criminal statute is void for vagueness if it is so vague that it fails to give a person fair notice of what conduct is prohibited or required. A statute is also void for vagueness if a legislature's delegation of authority to judges and/or administrators is so extensive that it would lead to arbitrary prosecutions.

Under Article I, Section 8 of the Constitution, Congress has the power "to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or any Department or Officer thereof".

See the CRS/LII Annotated Constitution on the Necessary and Proper Clause.

See legislative power.

Article I of the US Constitution creates and defines the powers of Congress. For more on specific congressional powers, see:

 legislative power

 commerce power

 investigatory powers

 taxing power

 spending power

 war and defense powers

 property power

Commercial speech has been defined by the Supreme Court as speech where the speaker is more likely to be engaged in commerce, where the intended audience is commercial or actual or potential consumers, and where the content of the message is commercial in character.

Definition

If a statement is made in certain contexts or in certain venues, the First Amendment may give the speaker an absolute defense to a charge of defamation. This privilege usually only exists in the government context; for example, sworn testimony in a judicial or legislative hearing is privileged.

Definition

1) In criminal law, a declaration that a law is invalid because it is not sufficiently clear.  Laws are usually found void for vagueness if, after setting some requirement or punishment, the law does not specify what is required or what conduct is punishable.  For more information, see vagueness doctrine.

Judicial review is the idea, fundamental to the US system of government, that the actions of the executive and legislative branches of government are subject to review and possible invalidation by the judicial branch. Judicial review allows the Supreme Court to take an active role in ensuring that the other branches of government abide by the constitution. Judicial review was established in the classic case of Marbury v. Madison, 5 US 137 (1803).