constitutional law

Justiciability

Overview

Justiciability refers to the types of matters that a court can adjudicate. If a case is "nonjusticiable," then the court cannot hear it. Typically to be justiciable, the court must not be offering an advisory opinion, the plaintiff must have...

justiciable

Definition

Suitable for courts to hear and decide on the merits. If a case is not justiciable, the court must dismiss it.

The justiciability doctrines limit federal judicial power and include rules that the Supreme Court has crafted to...

Lochner Era

The time from 1890 to 1937, in which the United States Supreme Court, using a broad interpretation of due process that protected economic rights, tended to strike down economic regulations of working conditions, wages or hours in favor of...

Marbury v. Madison (1803)

The Supreme Court case that established the power of judicial review. (Read the opinion here).

During President John Adams’ lame duck session of his presidency, he appointed Marbury as a justice of the peace and signed the commission. Soon...

McCulloch v. Maryland (1819)

Definition

The Supreme Court case that defined the scope of the federal legislative power and the federal government’s relationship with state government authority. (Read the opinion here).

The United States Congress incorporated a federal...

Minimum Contacts

Definition

A nonresident defendant’s connections with the forum state (i.e., the state where the lawsuit is brought) that are sufficient for jurisdiction over that defendant to be proper. Lack of minimum contacts violates the nonresident...

Miranda v. Arizona (1966)

The Supreme Court held that the custodial interrogation of an individual must be accompanied by an instruction that the person has the right to remain silent, any statements made can be used against the person, and that the individual has the right to...

National Federation of Independent Business v. Sebelius (2012)

Full case name: National Federation of Independent Business, et al. v. Sebelius, Secretary of Health and Human Services, et al. (2012)

The Supreme Court case which upheld the constitutionality of the Patient Protection and Affordable Care Act...

Necessary and Proper Clause

Under Article I, Section 8 of the Constitution, Congress has the power "to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the...

Nondelegation Doctrine

Overview

The non-delegation doctrine is a principle in administrative law that Congress cannot delegate its legislative powers to other entities. This prohibition typically involves Congress delegating its powers to administrative agencies or to...

Pages