constitutional law

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 public park, it may not exclude a white supremacist rally solely because it disagrees with the rally’s message. See Forums.

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Fifth Amendment

Fifth Amendment: An Overview

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Federal Material

U.S. Constitution and Federal Statute

Federal Agency Regulations

Federal Judicial Decisions

State Material

State Statutes

Conventions and Treaties

Other References

Key Internet Sources

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Electronic Surveillance

Overview

Electronic surveillance is defined in federal law as the nonconsensual acquisition by an electronic, mechanical, or other

Commerce Clause

    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 tribes.”

Commander in Chief Powers

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 Service of the United States."

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Books

Louis Fisher, Constitutional Conflicts between Congress and the President 249-272 (2007).

Federal Material

U.S. Constitution

Federal Law

Emergency Powers

Overview

The Constitution does not expressly grant the President additional war powers or other powers in times of national emergency.  However, many scholars think that the Framers implied these powers because the structural design of the

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