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- || United States Law Week || United States Law Week255 KB (36,483 words) - 03:50, June 1, 2020
- ...e deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the ...o'' Don E. Fehrenbacher, The Dred Scott Case: Its Significance in American Law and Politics (1978); M. Graber, Dred Scott and the Problem of Constitutiona1.11 MB (176,394 words) - 04:39, September 13, 2023
- {{Clause|Clause Text|The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, ...case arises only when a party asserts his rights "in a form prescribed by law."<ref><span id="ALDF_00023469">''[[Osborn v. Bank of the United States]]'',935 KB (144,511 words) - 04:46, September 13, 2023
- ....2d 961, 965-966 (D.C. Cir. 1949), ''rev'd on other grounds sub nom'', ''[[Johnson v. Eisentrager]]'', 339 U.S. 763 (1950); ''[[Battaglia v. General Motors Co ...own jurisdiction and officers in the protection of property in custody of law,<ref><span id="ALDF_00025164">''[[Gumbel v. Pitkin]]'', 124 U.S. 131 (1888)384 KB (58,677 words) - 04:46, September 13, 2023
- |subject=Constitutional Law I |text=Constitutional Law Connected Casebook Chemerinsky373 KB (58,299 words) - 19:37, July 2, 2023
- ..."the right of trial according to the process and proceedings of the common law."<ref><span id="ALDF_00000226">3 Story, ''supra'' note [[#ALDF_00000224|her ...elf, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensat492 KB (76,863 words) - 04:29, September 13, 2023
- ...r Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.}} ...late commerce with foreign nations, define and punish offenses against the Law of Nations and on the high seas, and regulate many aspects of the military.423 KB (63,941 words) - 04:44, September 13, 2023
- ...rewrote the speech and press clauses to read: "That Congress shall make no law abridging the freedom of speech, or of the press, or the right of the peopl ...N.Y. Times Co. v. Sullivan]]'', 376 U.S. 254, 273 (1964).</span></ref> The law punished anyone who would "write, print, utter or publish . . . any false,676 KB (103,970 words) - 16:04, November 7, 2023
- | book_one = American Constitutional Law: Powers And Liberties | book_two = Constitutional Law for a Changing America: Rights, Liberties, and Justice268 KB (42,125 words) - 13:54, June 30, 2023
- Informed by common law practices, the Fourth Amendment<ref><span id="ALDF_00000221">[[{{ROOTPAGENA ...t all; if he will tread upon his neighbour's ground, he must justify it by law.").</span></ref>370 KB (57,962 words) - 04:29, September 13, 2023
- ...ution implicitly accords to the Judicial Branch authority to interpret the law and deem legislative acts contrary to the Constitution void<ref><span id="A ...al, Etc. (Senate Committee on Rules, 1896).</span></ref> As constitutional law grew more complex, the Senate adopted a resolution in 1921 to provide for c313 KB (45,628 words) - 04:28, September 13, 2023
- ...ial tool for holding government officers accountable for violations of the law and abuses of power.<ref><span id="ALDF_00013843">''See'' The Federalist No ...hat it is almost impossible to provide systematically for them by positive law."); ''id.'' §§ 795-98.</span></ref> The type of behavior that qua143 KB (21,049 words) - 04:44, September 13, 2023
- ...hin a state. The Court found that criminal prosecutions in the District of Columbia<ref><span id="ALDF_00008785">''[[Callan v. Wilson]]'', 127 U.S. 540 (1888). ...e been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confro423 KB (65,907 words) - 04:29, September 13, 2023
- ...Constitution of the United States/Art. II/Sec. 2|alias =Clause 1 Military, Administrative, and Clemency}}<font size="+3">Article II Executive Branch</font> <font size="+1">Clause 1 Military, Administrative, and Clemency</font>174 KB (27,204 words) - 04:44, September 13, 2023
- ...f state law, is covered ''infra'' [[Section 1983 Litigation/Color of State Law and State Action]]. ...McDonald v. City of Chi., 130 S. Ct. 3020 (2010). ''See also'' District of Columbia v. Heller, 554 U.S. 570 (2008) (Second Amendment guarantees individual righ205 KB (30,427 words) - 13:52, October 8, 2023
- ...resident.<ref><span id="ALDF_00025807">5 John Bassett Moore, International Law Digest 15-19 (1906).</span></ref> The power to "receive" ambassadors and ot ...span id="ALDF_00025813">''See'' Memorandum on the History and Scope of the Law Prohibiting Correspondence with a Foreign Government, S. Doc. No. 696, 64th167 KB (25,521 words) - 04:44, September 13, 2023
- ...2).</ref> That an official may have violated clearly established ''state'' law is generally irrelevant to the qualified immunity defense.<ref>''Davis'', 4 ...otects ‘all but the plainly incompetent or those who knowingly violate the law.’”<ref>''al-Kidd'', 131 S. Ct. at 2085 (quoting Malley v. Briggs, 475 U74 KB (10,916 words) - 22:38, September 26, 2023
- ...s of Constitutional Provisions'', Univ. of Wash. Sch. of Law, [https://lib.law.uw.edu/ref/consticlauses.html#oth] (listing these terms as "popular name[s] ...87 Notre Dame L. Rev. 2123, 2134-41 (2012); Robert G. Natelson, The Agency Law Origins of the Necessary and Proper Clause, 55 Case W. Res. L. Rev. 243, 26239 KB (36,333 words) - 04:37, September 13, 2023
- ...cial whole and covered by the Commerce Clause. As such, Supreme Court case law on the meaning of "commerce" in "interstate commerce" covers movements of p ...he several States," however, does not comprise commerce of the District of Columbia or the territories of the United States. Congress's power over their commer286 KB (44,289 words) - 16:30, October 11, 2023
- ...extending the minimum residence requirement to five years); Naturalization Law of 1802, ch. 28, 2 Stat. 153 (requiring applicants to maintain five years o ...600 (1884) ("It is enough to say that, Congress having the power to pass a law regulating immigration as a part of the commerce of this country with forei180 KB (27,179 words) - 04:35, September 13, 2023
- {{Infobox Law School |website=www.law.georgetown.edu18 KB (2,570 words) - 14:27, April 4, 2020
- {{Clause|Clause Text|No Bill of Attainder or ex post facto Law shall be passed.}} ..., 227 U.S. 150, 161 (1913).</span></ref> The term has its roots in English law before the Founding. As the Supreme Court has explained:83 KB (13,244 words) - 04:37, September 13, 2023
- ...LDF_00020746">''[[Cantwell]]'', 310 U.S. at 304.</span></ref> Therefore, a law that burdens but does not directly regulate religious belief is not categor ...ed the government needed a compelling interest to apply a facially neutral law in a way that burdened a person's religious activity.<ref><span id="ALDF_0099 KB (15,193 words) - 15:51, November 7, 2023
- |subject=Constitutional Law |text=Constitutional Law Maggs 4th edition72 KB (11,057 words) - 11:41, May 23, 2023
- {{Clause|Clause Text|Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise t ...endment, known as the Religion Clauses, state that "Congress shall make no law respecting an ''establishment'' of religion or prohibiting the ''free exerc127 KB (19,290 words) - 16:15, November 7, 2023
- ...ust as states cannot extinguish municipal liability under § 1983 via state law, they cannot enlarge it either.”). ...hat a person who meets § 1983’s elements “shall be liable… in an action at law, suit in equity, or other proper proceeding for redress.”<ref>''Id''. at72 KB (10,825 words) - 22:38, September 26, 2023
- ...pendix, Model Instruction 1: Elements of Claim–Action Under Color of State Law.) In the author’s view, there are, in fact, at least four major elements # who acted “under color of state law”;64 KB (9,353 words) - 22:36, September 26, 2023
- ...excessive fines guards against abuses of government's punitive or criminal-law-enforcement authority.").</span></ref> As discussed in more detail in the f ...rity.<ref><span id="ALDF_00009326">1 J. Stephen, A History of the Criminal Law of England 233-43 (1833). The statute is summarized at pages 234-35.</span>180 KB (27,855 words) - 04:30, September 13, 2023
- Agreements Act, Public Law 103-465, 108 Stat. 4809, 4983-85 term extension granted as a result of administrative243 KB (39,660 words) - 22:41, May 31, 2020
- ...on of a claim for relief against a “person” who acted under color of state law. A suable § 1983 “person” encompasses state and local officials sued i ...acities, is based upon, and consistent with, Eleventh Amendment decisional law.<ref>''Id''. at 71 n.10. ''See infra'' [[Section 1983 Litigation/State Liab12 KB (1,786 words) - 22:38, September 26, 2023
- ...ion omitted).</ref> Whether a party is a prevailing party is a question of law for the court.<ref>Jenkins v. Missouri, 127 F.3d 709, 713–14 (8th Cir. 19 ...ubstantial, and obtains relief on a “pendent” (i.e., “supplemental”) state law claim is a prevailing party eligible for fees under § 1988, even though th37 KB (5,499 words) - 22:37, September 26, 2023