The Constitution states only one command twice. The Fifth Amendment says to the federal government that no one shall be "deprived of life, liberty or property without due process of law." The Fourteenth Amendment, ratified in...
constitution
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,"...
The First Amendment's Establishment Clause prohibits the government from making any law “respecting an establishment of religion.” This clause not only forbids the government from establishing an official religion, but also prohibits...
In its first three articles, the U.S. Constitution outlines the branches of the U.S. Government, the powers that each branch contains, and the limitations to those powers. Article II outlines the duties of the...
Free Exercise Clause refers to the section of the First Amendment italicized here:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...
The Free Exercise Clause reserves the right...
Intermediate scrutiny is a test courts often use in the field of Constitutional Law to determine a statute's constitutionality. Intermediate scrutiny is only invoked when a state or the federal government passes a statute which...
In 2013, the City of Sheboygan Police Department received a report that a neighbor saw Gerald Mitchell, who appeared intoxicated, drive away in a van. State v. Mitchell at 3. The police officers responding to the report found Mitchell walking near a...
The Necessary and Proper Clause refers to Clause 18 under Article I, Section 8 of the Constitution. It reads that Congress has the legislative power “to make all Laws which shall be necessary and proper for carrying into Execution the...
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Original jurisdiction refers to a court’s authority to hear and decide a case for the first time before any appellate review occurs. Trial courts typically have original jurisdiction over the types of cases that they hear, but some federal...