Baker v. Carr (1962) is the U.S. Supreme Court case that held that federal courts could hear cases alleging that a state’s drawing of electoral boundaries, i.e. redistricting, violates the Equal Protection Clause of the Fourteenth Amendment...
constitutional law
balancing test
A “balancing test” is defined as a subjective test with which a court weighs competing interests. For instance, a court would weigh the interest between an inmate's liberty interest and the government's interest in public safety, to decide...
bankruptcy power
The United States Constitution authorizes Congress under Article I, Section 8, Clause 4 with the power to “establish uniform laws on the subject of bankruptcies throughout the United States." The bankruptcy laws that Congress makes have to be...
bill of attainder
A bill of attainder is a piece of legislation that declares a party is guilty of a crime. Bills of attainder allow the government to punish a party for a perceived crime without first going through the trial process.
In the...
Bill of Rights
The Bill of Rights refers to the first ten Amendments to the Constitution, which set out individual rights and liberties. Though these rights originally only applied to the federal government, through the legal doctrine of incorporation, most...
Bivens action
Overview
A Bivens action generally refers to a lawsuit for damages when a federal officer who is acting in the color of federal authority allegedly violates the U.S. Constitution by federal officers acting.
Burden of ProofThe plaintiff in a...
blue law
Blue law is a colloquial term for state statute or ordinance that forbids or regulates entertainment and commercial activities (ex. sale of liquor) on Sundays or religious holidays. Blue laws can also be referred to as Sunday closing laws,...
Board of Education v. Earls (2002)
The Supreme Court held that the Tecumseh, Oklahoma School District’s policy requiring all students participating in extracurricular activities to consent to random drug testing did not violate the Fourth Amendment and was constitutional. The...
Bowers v. Hardwick (1986)
Bowers v. Hardwick (1986) is a U.S. Supreme Court case in which the Court considered whether a person had a Constitutional right to engage in homosexual sex. In this case, Georgia passed a statute criminalizing both oral and anal sex....
Boy Scouts of America v. Dale (2000)
Overview:
Boy Scouts of America et al. v. Dale (2000) is a Supreme Court case regarding the right to freedom of association under the First Amendment. This case established expressive association as an important First Amendment right. That...