Due process (or due process of law) primarily refers to the concept found in the Fifth Amendment of the U.S. Constitution, which says no one shall be "deprived of life, liberty or property without due process of law" by the federal government.
The First Amendment's Establishment Clause prohibits the government from making any law “respecting an establishment of religion.” This clause not only forbids the government from establishing an official religion, but also prohibits government actions that unduly favor one religion over another.
In its first three articles, the U.S. Constitution outlines the branches of the U.S. Government, the powers that each branch contains, and the limitations to those powers. Article II outlines the duties of the Executive Branch.
Free Exercise Clause, commonly identified as the freedom of religion, refers to the first section of the First Amendment italicized here:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...
Intermediate scrutiny is a test courts often use in the field of Constitutional Law to determine a statute's constitutionality.
Does the Fourth Amendment require law enforcement to obtain a warrant before drawing blood from an unconscious motorist when, under state law, intoxicated motorists have given their implied consent for blood draws?
This case asks the Supreme Court to determine whether the Fourth Amendment permits police to draw blood from unconscious drivers under a theory of implied consent in lieu of a warrant. Gerard Mitchell, a driver from whom police drew blood while he was unconscious, contends that the Fourth Amendment’s consent exception should not apply because a blood draw is a serious intrusion that calls for a warrant. Wisconsin argues that it has a great interest in addressing intoxicated driving, and it fairly uses an implied-consent statute that allows it to draw blood from unconscious drivers. Mitchell suggests that permitting these warrantless blood draws may seriously threaten privacy rights and open the door to additional forms of warrantless intrusions. Wisconsin warns of the dangers posed by impeding police efforts to remove intoxicated drivers from the road.
In a state with an implied-consent statute for intoxicated motorists, is a warrantless blood draw of an unconscious driver for whom police have probable cause of operating under the influence an unlawful search under the Fourth Amendment?
In 2013, the City of Sheboygan Police Department received a report that a neighbor saw Gerald Mitchell, who appeared intoxicated, drive away in a van. State v. Mitchell at 3. The police officers responding to the report found Mitchell walking near a beach. Id. Mitchell was wet, shirtless, covered in sand, unbalanced, and had slurred speech.
The Necessary and Proper Clause refers to Clause 18 under Article I, Section 8 of the Constitution.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Original jurisdiction refers to a court’s authority to hear and decide a case for the first time before any appellate review occurs.
We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.
