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government

Clinton v. City of New York (1998)

Definition

A Supreme Court case that struck down the Line Item Veto Act because it gave the executive the unilateral authority to amend a law without having to go through the legislative process.

Baker v. Carr (1962)

Definition

A Supreme Court case that held that federal courts could hear cases that claimed that malapportionment of state legislatures violated the Equal Protection Clause of the Constitution.

Zero tape

Definition

A printout that shows that no votes have been cast on a voting machine prior to a poll's opening.

Illustrative caselaw

See, e.g. NAACP of Pennsylvania v. Cortes, 591 F.Supp.2d 757, 761 (E.D.Pa. 2008).

See also

United States Attorney

Definition

An attorney, acting under the direction of the Attorney General, who enforces federal laws within his or her jurisdiction and represents the federal government in civil and criminal cases. The United States Attorney is appointed by the President and confirmed by the Senate for a term of four years.

Sherman Antitrust Act

Definition

A federal anti-monopoly and anti-trust statute, passed in 1890 as 15 U.S.C. §§ 1-7 and amended by the Clayton Act in 1914 (15 U.S.C.

rational basis test

Definition

The level of judicial review for determining the constitutionality of a federal or state statute that does not implicate either a fundamental right or a suspect classification under the Due Process Clause and the Equal Protection Clause of the Constitution. When a court concludes that there is no fundamental liberty interest or suspect classification at stake, the law is presumed to be Constitutional unless it fails the rational basis test.

Quo warranto

Definition

Latin for "by what warrant (or authority)?" A writ quo warranto is used to challenge a person's right to hold a public or corporate office. A state may also use a quo warranto action to revoke a corporation's charter. 

Illustrative caselaw

See, e.g. First Nat. Bank in St. Louis v. Missouri, 263 U.S. 640 (1924).

See also

Quasi-judicial

Definition

1) A proceeding conducted by an administrative or executive official that is similar to a court proceeding, e.g. a hearing. A court may review a decision arising from a quasi-judicial proceeding.

2) A judicial act performed by an official who is either not a judge or not acting in his or her capacity as a judge. 

Quasi-corporation

Definition

An entity, such as a county or school district, that has not been incorporated by a state, but that performs some functions of a corporation. Sometimes called a quasi-municipal corporation.

Illustrative caselaw

See, e.g. Barnes v. District of Columbia, 91 U.S. 540 (1875).

See also

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