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How the Fourteenth Amendment Limits Government …

"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State whereinSee more

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Fourteenth Amendment Equal Protection and Due …

WEBIt nullifies and makes void all State legislation, and State action of every kind, which impairs the privileges and immunities of citizens of the United States, or which …

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Medical Privacy Under Due Process

WEBDirector, Missouri Department of Health, 2 the Court, rather than directly addressing the issue, assume[d] that a competent person [has] a constitutionally …

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Abortion Rights as a Part of Due Process

WEBIn 1973, the Supreme Court held that the Fifth Amendment’s due process clause includes a right to privacy in Roe v.Wade – and that through this right of privacy, …

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Rights Under the Privileges and Immunities Clause

WEBFact-Checked. The Privileges and Immunities Clause of Article IV prevents states from discriminating against citizens of another state in a discriminatory manner. It …

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Do States Have Sovereign Immunity

WEBAnd in extending protection against suits brought by foreign governments, the Court made clear the immunity flowed not from the Eleventh Amendment but from …

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U.S. Constitutional Amendments

WEBPassed on March 23, 1971, and ratified July 1, 1971, the Twenty-Sixth Amendment lowered the voting age to 18: Section 1. The right of citizens of the United …

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Fifth Amendment Due Process: Prosecutorial Issues

WEBOklahoma, the Court established that, when an indigent defendant's mental condition is both relevant to the punishment and seriously in question, the state must …

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Article I, Section 8, Clause 1: Congressional Taxing Power

WEBFor information regarding a specific legal issue affecting you, please contact an attorney in your area. The Constitution gives Congress the power to decide what will …

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When Is the Death Penalty Considered Cruel and Unusual …

WEBOne of the biggest sticking points in Eighth Amendment jurisprudence is, unsurprisingly, the death penalty. The Eighth Amendment prohibits "cruel and unusual …

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Judicial Authority When the United States Government Is a Party

WEBThe Constitution grants federal courts, including the Supreme Court, the authority to hear all cases in which the United States is a party. This has been expanded …

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The Tenth Amendment

WEBThe Amendment expressly declares the constitutional policy that Congress may not exercise power in a fashion that impairs the States’ integrity or their ability to …

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Does the First Amendment Protect Against Compelled Speech

WEBCasey, the Court considered a law requiring physicians to obtain informed consent before they could perform an abortion. 22 Specifically, the law at issue in Casey …

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Scope of the Rights Protected by the Fourth Amendment

WEBFact-Checked. Under the Fourth Amendment, law enforcement officers cannot conduct an “unreasonable” search of someone’s person or property. In most …

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Commerce Powers Under Article I of the U.S. Constitution

WEBThe gathering of news by a press association and its transmission to client newspapers are interstate commerce. 16 The activities of Group Health Association, …

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The Twenty-Fifth Amendment: What Happens if a President Is No …

WEBSection 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President. Section 2. Whenever there is …

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Regulatory Takings- FindLaw

WEBA regulatory taking is a situation where the government limits the legal use of private property to the point that the owner essentially cannot use it. As with physical …

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Fourth Amendment Seizures of Property

WEBThe Fourth Amendment protects “the right of the people to be secure in their persons, houses, papers, and effects” from unreasonable search or seizure. In general, …

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The Right to Interstate Travel Under the Fourteenth Amendment

WEBBlumstein, 405 U.S. 330, 334 (1972). Because the right to travel is implicated by state distinctions between residents and nonresidents, the relevant constitutional …

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Substantive Due Process Under the Fifth Amendment

WEBIn the most basic sense, due process means the government must follow certain rules before depriving someone of their life, liberty, or property. This is further …

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Invasions of Privacy and the First Amendment

WEBThe First Amendment's protections for free speech and the press are considered a bedrock of American democracy. But at times, these rights appear to run …

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Exceptions to the Fourth Amendment Warrant Requirement

WEBFact-Checked. Although the Fourth Amendment protects us from “unreasonable searches and seizures” by law enforcement, you might be surprised by …

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