Appealed from: Sanchez: Supreme Court of Oregon; Bustillo: Supreme Court of Virginia
Oral argument: March 29, 2006
Both Petitioners in these cases are foreign nationals convicted...
constitutional law
(Wex page)
The Second Amendment of the United States Constitution reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
Such language...
(Wex page)
Overview
Separation of powers is a doctrine of constitutional law under which the three branches of government (executive, legislative, and judicial) are kept separate. This is also known as the system of checks and balances, because each...
(Wex page)
Under Article I, Section 8, Clause 1 of the Constitution, Congress is granted the power to lay and collect taxes in order "to pay the Debts and provide for the common Defense and General Welfare of the United States." As required by United States v....
(Wex page)
The state action requirement refers to the requirement that in order for a plaintiff to have standing to sue over a law being violated, the plaintiff must demonstrate that the government (local, state, or federal), was responsible for the violation,...
(Wex page)
Overview
Strict scrutiny is a form of judicial review that courts use to determine the constitutionality of certain laws. Strict scrutiny is often used by courts when a plaintiff sues the government for discrimination. To pass strict scrutiny, the...
(LIIBULLETIN preview)
The University of North Carolina (“UNC”) believes that a diverse student body results in educational benefits. Students for Fair Admissions, Inc. v. University of North Carolina (“SFFA”) at 590–91. In order to achieve its commitment to diversity, the...
(Wex page)
Substantive due process is the principle that the Fifth and Fourteenth Amendments protect fundamental rights from government interference. Specifically, the Fifth and Fourteenth Amendments prohibit the government from depriving any person of...
(Wex page)
Suspect classification refers to a class of individuals that have been historically subject to discrimination.
OverviewUnder Equal Protection, when a statute discriminates against an individual based on a suspect classification, that statute...
(Wex page)
Overview
A taking is when the government seizes private property for public use.
A taking can come in two forms. The taking may be physical, which means that the government literally takes the property from its owner). Or the taking may be...