constitutional law

Expectation of Privacy

Overview

The expectation of privacy test, originated from Katz v. United States is a key component of Fourth Amendment analysis. The Fourth Amendment protects people from warrantless searches of places or seizures of persons or objects, in which they...

Federalism

Overview

Federalism is a system of government in which the same territory is controlled by two levels of government. Generally, an overarching national government is responsible for broader governance of larger territorial areas, while the smaller...

Fifth Amendment

Fifth Amendment: An Overview

The Fifth Amendment of the U.S. Constitution provides, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising...

First Amendment


First Amendment: An Overview

The First Amendment of the United States Constitution protects the right to freedom of religion and freedom of expression from government interference. It prohibits any laws that establish a national religion,...

Forums

Overview

A forum in First Amendment law refers to the place in which a speaker speaks. The First Amendment's protections regarding the right to speak and assemble will vary based on the speakers’ chosen forum. In Perry Educ. Ass’n v. Perry Educators’...

Gibbons v. Ogden (1824)

Definition

A Supreme Court case that adopted an expansive view of the scope of the Commerce Clause of the Constitution by holding that Congress had the power to regulate interstate commerce. The case involved the right of competing ferry services...

Government Speech

Although the First Amendment’s Free Speech Clause limits government regulation of private speech, it does not restrict the government when the government speaks for itself. For example, if the government allows private groups to hold rallies in a...

Grand Jury

A group of people selected to sit on a jury that decide whether to return an indictment. An indictment formally charges a person with committing a crime and begins the criminal prosecution process.

In the United States, a grand...

Habeas Corpus

OVERVIEW:

Latin for "that you have the body." In the US system, federal courts can use the writ of habeas corpus to determine if a state's detention of a prisoner is valid. A writ of habeas corpus is used to bring a prisoner or other detainee (e...

Immigration & Naturalization Service v. Delgado

466 U.S. 210 (1984)

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...

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