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Substantive Due Process
Substantive due process is a principle in United States constitutional law that allows courts to establish and protect certain fundamental rights from government interference, even if only procedural protections are present or the rights are unenumerated elsewhere in the U.S. Constitution. Courts have asserted that such protections come from the due process clauses of the Fifth and Fourteenth amendments to the U.S. Constitution, which prohibit the federal and state governments, respectively, from depriving any person of "life, liberty, or property, without due process of law". Substantive due process demarks the line between those acts that courts hold to be subject to government regulation or legislation and those that courts place beyond the reach of governmental interference. Whether the Fifth or Fourteenth Amendments were intended to serve that function continues to be a matter of scholarly as well as judicial discussion and dissent. Justice Clarence Thomas has called on th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Constitutional Law
The constitutional law of the United States is the body of law governing the interpretation and implementation of the United States Constitution. The subject concerns the scope of power of the United States federal government compared to the individual states and the fundamental rights of individuals. The ultimate authority upon the interpretation of the Constitution and the constitutionality of statutes, state and federal, lies with the Supreme Court of the United States. The Supreme Court Judicial review Early in its history, in ''Marbury v. Madison'', 5 U.S. 137 (1803) and ''Fletcher v. Peck'', 10 U.S. 87 (1810), the Supreme Court of the United States declared that the judicial power granted to it by Article III of the United States Constitution included the power of judicial review, to consider challenges to the constitutionality of a State or Federal law. The holding in these cases empowered the Supreme Court to strike down enacted laws that were contrary to the Constit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fourteenth Amendment To The United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to former slaves following the American Civil War. The amendment was bitterly contested, particularly by the states of the defeated Confederacy, which were forced to ratify it in order to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions such as ''Brown v. Board of Education'' (1954) regarding racial segregation, ''Roe v. Wade'' (1973) regarding abortion ( overturned in 2022), ''Bush v. Gore'' (2000) regarding the 2000 presidential election, and ''Obergefell v. Hodges'' (2015) regarding same-sex marriage. The amendment ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dartmouth College V
Dartmouth may refer to: Places * Dartmouth, Devon, England ** Dartmouth Harbour * Dartmouth, Massachusetts, United States * Dartmouth, Nova Scotia, Canada * Dartmouth, Victoria, Australia Institutions * Dartmouth College, Ivy League university in Hanover, New Hampshire, United States **Dartmouth Big Green, athletic teams representing the college ** ''The Dartmouth'', a newspaper of Dartmouth College ** Dartmouth University, a defunct institution in New Hampshire * University of Massachusetts Dartmouth, a university in Dartmouth, Massachusetts, United States * Dartmouth–Hitchcock Medical Center, a research hospital in Lebanon, New Hampshire * Britannia Royal Naval College or Dartmouth, a college in Dartmouth, Devon, England Ships * HMS ''Dartmouth'' (1655), a 22-gun ship * HMS ''Dartmouth'' (1693), a 48-gun fourth rate * HMS ''Dartmouth'' (1698), a 50-gun fourth rate * HMS ''Dartmouth'' (1910), a Town-class cruiser of the Weymouth subgroup *''Dartmouth'', a ship that had its t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Daniel Webster
Daniel Webster (January 18, 1782 – October 24, 1852) was an American lawyer and statesman who represented New Hampshire and Massachusetts in the U.S. Congress and served as the U.S. Secretary of State under Presidents William Henry Harrison, John Tyler, and Millard Fillmore. Webster was one of the most prominent American lawyers of the 19th century, and argued over 200 cases before the U.S. Supreme Court between 1814 and his death in 1852. During his life, he was a member of the Federalist Party, the National Republican Party, and the Whig Party. Born in New Hampshire in 1782, Webster established a successful legal practice in Portsmouth, New Hampshire, after graduating from Dartmouth College and undergoing a legal apprenticeship. He emerged as a prominent opponent of the War of 1812 and won election to the United States House of Representatives, where he served as a leader of the Federalist Party. Webster left office after two terms and relocated to Boston, Massachusetts. H ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dred Scott V
Dred may refer to: People * Mike Dred (born 1967), pseudonym of British musical artist Michael C. Cullen * Dred Foxx, hip hop artist and voice of video game character PaRappa * Dred Scott (ca. 1795 – September 17, 1858), American slave who sued unsuccessfully for his freedom in 1856 * Dred Scott (rapper), American rapper, songwriter and music producer Other * Department of Resources and Economic Development (DRED), a former government agency in the U.S. state of New Hampshire, superseded by the state's Department of Business and Economic Affairs (DBEA) and Department of Natural and Cultural Resources (DNCR) *'' Dred: A Tale of the Great Dismal Swamp'', the second novel from American author Harriet Beecher Stowe * ''Dred Scott v. Sandford'', an 1857 landmark decision of the United States Supreme Court See also * Dread (other) * Dredd (other) Dredd may refer to: Judge Dredd/2000AD fictional universe * Judge Dredd (character) (Joseph Dredd), fictional character ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fifth Amendment To The United States Constitution
The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amendment applies to every level of the government, including the federal, state, and local levels, in regard to a US citizen or resident of the US. The Supreme Court furthered the protections of this amendment through the Due Process Clause of the Fourteenth Amendment. One provision of the Fifth Amendment requires that felonies be tried only upon indictment by a grand jury. Another provision, the Double Jeopardy Clause, provides the right of defendants to be tried only once in federal court for the same offense. The self-incrimination clause provides various protections against self-incrimination, including the right of an individual not to serve as a witness in a criminal case in which they are the defendant. "Pleading the Fifth" is a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
American Civil War
The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states that had seceded. The central cause of the war was the dispute over whether slavery would be permitted to expand into the western territories, leading to more slave states, or be prevented from doing so, which was widely believed would place slavery on a course of ultimate extinction. Decades of political controversy over slavery were brought to a head by the victory in the 1860 U.S. presidential election of Abraham Lincoln, who opposed slavery's expansion into the west. An initial seven southern slave states responded to Lincoln's victory by seceding from the United States and, in 1861, forming the Confederacy. The Confederacy seized U.S. forts and other federal assets within their borders. Led by Confederate President Jefferson Davis, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Police Power (United States Constitutional Law)
In United States constitutional law, the police power is the capacity of the states to regulate behavior and enforce order within their territory for the betterment of the health, safety, morals, and general welfare of their inhabitants. Police power is defined in each jurisdiction by the legislative body, which determines the public purposes that need to be served by legislation. Under the Tenth Amendment to the United States Constitution, the powers not delegated to the Federal Government are reserved to the states or to the people. This implies that the Federal Government does not possess all possible powers, because most of these are reserved to the State governments, and others are reserved to the people. Police power is exercised by the legislative and executive branches of the various states through the enactment and enforcement of laws. States have the power to compel obedience to these laws through whatever measures they see fit, provided these measures do not infring ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Natural Justice
In English law, natural justice is technical terminology for the rule against bias (''nemo iudex in causa sua'') and the right to a fair hearing (''audi alteram partem''). While the term ''natural justice'' is often retained as a general concept, it has largely been replaced and extended by the general "duty to act fairly". The basis for the rule against bias is the need to maintain public confidence in the legal system. Bias can take the form of actual bias, imputed bias, or apparent bias. Actual bias is very difficult to prove in practice whereas imputed bias, once shown, will result in a decision being void without the need for any investigation into the likelihood or suspicion of bias. Cases from different jurisdictions currently apply two tests for apparent bias: the "reasonable suspicion of bias" test and the "real likelihood of bias" test. One view that has been taken is that the differences between these two tests are largely semantic and that they operate similarly. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Natural Rights
Some philosophers distinguish two types of rights, natural rights and legal rights. * Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are ''universal'', ''fundamental'' and ''inalienable'' (they cannot be repealed by human laws, though one can forfeit their enjoyment through one's actions, such as by violating someone else's rights). Natural law is the law of natural rights. * Legal rights are those bestowed onto a person by a given legal system (they can be modified, repealed, and restrained by human laws). The concept of positive law is related to the concept of legal rights. Natural law first appeared in ancient Greek philosophy, and was referred to by Roman philosopher Cicero. It was subsequently alluded to in the Bible, and then developed in the Middle Ages by Catholic philosophers such as Albert the Great and his pupil Thomas Aquinas. During the Age of Enlightenment, the concept of natural laws was us ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Compelling State Interest
Government or state interest is a concept in law that allows the State (polity), state to regulate a given matter. The concept may apply differently in different countries, and the limitations of what should and should not be of government interest vary, and have varied over time. United States In the United States, the concept of government interest arises especially when certain constitutional issues are before a court of law. Under United States constitutional law, US constitutional jurisprudence, arising from Supreme Court of the United States, US Supreme Court decisions, the courts weigh the government's interest in a particular subject matter against the impact of restrictions being imposed on the individuals' rights and interests. A compelling governmental interest may override fundamental rights, fundamental constitutional rights, if it satisfies the strict scrutiny test. A government interest is compelling if it is essential or necessary rather than a matter of choice, pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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