Civil forfeiture occurs when the government seizes property under suspicion of its involvement in illegal activity. Such a proceeding is conducted in rem, or against the property itself, rather than in personam, or against the owner of the property; by contrast, criminal forfeiture is an in personam proceeding. For this reason, civil forfeiture case names often appear strange, such as United States v. Eight Rhodesian Stone Statues,
Also known as the Title of Nobility Clause, Article I, Section 9, Clause 8 of the U.S. Constitution prohibits any person holding a government office from accepting any present, emolument, office, or title from any "King, Prince, or foreign State," without congressional consent.
The Supreme Court held that three factory surveys conducted by the Immigration and Naturalization Service (INS) did not constitute a seizure of the entire work force under the Fourth Amendment. The Supreme Court also held that the individual questioning regarding citizenship of the respondents, U.S. citizens and legal residents, did not constitute a seizure under the Fourth Amendment. (Read the opinion here.)
The incorporation doctrine is a constitutional doctrine through which the first ten amendments of the United States Constitution (known as the Bill of Rights) are made applicable to the states through the Due Process clause of the Fourteenth Amendment.
The term “bivens actions” is generated from Bivens v.
Full case name: National Federation of Independent Business, et al. v. Sebelius, Secretary of Health and Human Services, et al. (2012)
The Eighth Amendment of the United States Constitution states that: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
A subjective test with which a court weighs competing interests, e.g. between an inmate's liberty interest and the government's interest in public safety, to decide which interest prevails.
See, e.g. Wilkinson v. Austin, 545 U.S. 2009 (2005).
Definition
A national organization that engages in litigation, legislative lobbying, and educational outreach in order to preserve and further individual rights and liberties that are guaranteed by the Constitution and laws of the United States. Among the constitutional rights that the ACLU promotes are First Amendment, equal protection, due process, and privacy rights.
American Civil Liberties Union website:
A 2005 U.S. Supreme Court case in which the court held that displaying a monument inscribed with the Ten Commandments on the grounds of the Texas State Capital does not violate the Establishment Clause of the First Amendment.
