U.S. CONSTITUTION

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In Arizona prior to 2000, the Arizona State Legislature (“Legislature”) had the authority to alter and decide congressional districts through the ordinary legislative process. See AZ State Legislature v. AZ Independent Redistricting Committee, 997 F....

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Overview

A Bivens action generally refers to a lawsuit for damages when a federal officer who is acting in the color of federal authority allegedly violates the U.S. Constitution by federal officers acting.

Burden of Proof

The plaintiff...

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Overview

A civil right is an enforceable right or privilege, which if interfered with by another gives rise to an action for injury.

Discrimination occurs when the civil rights of an individual are denied or interfered with because of the...

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Article II Section 2 of the U.S. Constitution, the Commander in Chief clause, states that "[t]he President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual...

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Overview

The Commerce Clause refers to Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian

Congress has often...

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Constitutional Law: An Overview

The broad topic of constitutional law deals with the interpretation and implementation of the United States Constitution. As the Constitution is the foundation of the United States, constitutional law deals with...

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Overview

Cruel and unusual punishment is a phrase mentioned in the Eighth Amendment to the U.S. Constitution. Specifically, the Eighth Amendment prohibits cruel and unusual punishment. However, the Constitution does not give more guidance than that,...

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Overview

Congress, as well as any state legislature, may prescribe the death penalty, also known as capital punishment, for capital offenses. The Supreme Court has ruled that the death penalty does not violate the Eighth Amendment's ban on cruel and...

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Overview

The Double Jeopardy Clause in the Fifth Amendment to the US Constitution prohibits anyone from being prosecuted twice for substantially the same crime. The relevant part of the Fifth Amendment states, "No person shall . . . be subject for the...

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Introduction

The Constitution states only one command twice. The Fifth Amendment says to the federal government that no one shall be "deprived of life, liberty or property without due process of law." The Fourteenth Amendment, ratified in...

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