Content Related To 'constitutional-law'

27th Amendment

No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.

26th Amendment

Section 1. The right of citizens of the United States, who are 18 years of age or older, to vote, shall not be denied or abridged by the United States or any state on account of age. Section 2. The Congress shall have the power to enforce this article by appropriate legislation.

25th Amendment

Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President. Section 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote […]

24th Amendment

Section 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any state by reason of failure to […]

23rd Amendment

Section 1. The District constituting the seat of government of the United States shall appoint in such manner as the Congress may direct: A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a state, […]

22nd Amendment

Section 1. No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President […]

21st Amendment

Section 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed. Section 2. The transportation or importation into any state, territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited. Section 3. This article shall […]

20th Amendment

Section 1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms […]

19th Amendment

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of sex. Congress shall have power to enforce this article by appropriate legislation.

18th Amendment

Section 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited. Section 2. The Congress and the several states shall […]

17th Amendment

The Senate of the United States shall be composed of two Senators from each state, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislatures. When vacancies happen in […]

16th Amendment

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration.

15th Amendment

Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude. Section 2. The Congress shall have power to enforce this article by appropriate legislation.

14th Amendment

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state […]

13th Amendment

Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Section 2. Congress shall have power to enforce this article by appropriate legislation.

12th Amendment

The electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and […]

11th Amendment

The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.

10th Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

9th Amendment

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

8th Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

7th Amendment

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

4th Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

3rd Amendment

No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

2nd Amendment

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.

1st Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Signers

Done in convention by the unanimous consent of the states present the seventeenth day of September in the year of our Lord one thousand seven hundred and eighty seven and of the independence of the United States of America the twelfth. In witness whereof We have hereunto subscribed our Names, G. Washington-Presidt. and deputy from […]

Article VII

The ratification of the conventions of nine states, shall be sufficient for the establishment of this Constitution between the states so ratifying the same.

Article VI

All debts contracted and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation. This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the […]

Article V

The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this […]

Section 4.

The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence.

Section 3.

New states may be admitted by the Congress into this union; but no new states shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned as […]

Section 2.

The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he […]

Article IV

Section 1. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. Section 2. The citizens of each state […]

Section 3.

Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. The Congress shall have power to […]

Section 2.

The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;–to all cases affecting ambassadors, other public ministers and consuls;–to all cases of admiralty and maritime jurisdiction;–to controversies to which the United States […]

Article III

Section 1. The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for […]

Section 4.

The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.

Section 3.

He shall from time to time give to the Congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time […]

Section 2.

The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating […]

Article II

Section 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice President, chosen for the same term, be elected, as follows: Each state shall appoint, in such manner as the Legislature thereof may […]

Section 10.

No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title […]

Section 9.

The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person. The […]

Section 8.

The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States; To borrow money on the credit of the United States; To […]

Section 7.

All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other Bills. Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States; if he […]

Section 6.

The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in […]

Section 5.

Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such […]

Section 4.

The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each state by the legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators. The Congress shall assemble at least once in every year, and […]

Section 3.

The Senate of the United States shall be composed of two Senators from each state, chosen by the legislature thereof, for six years; and each Senator shall have one vote. Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The […]

Section 2.

The House of Representatives shall be composed of members chosen every second year by the people of the several states, and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature. No person shall be a Representative who shall not have attained to the […]

Article I

Section 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Section 2. The House of Representatives shall be composed of members chosen every second year by the people of the several states, and the electors in each state […]

Preamble

We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

U.S. Constitution

U.S. Constitution The Constitution of the United States of America Preamble [“We the people”] Article I [The Legislative Branch] Section 1. [Legislative Power Vested] Section 2. [House of Representatives] Section 3. [Senate] Section 4. [Elections of Senators and Representatives] Section 5. [Rules of House and Senate] Section 6. [Compensation and Privileges of Members] Section 7. […]

Florida governor approves limited legalization of medical marijuana

Florida Governor Rick Scott [official website] on Monday signed [press release] a bill [text] allowing a non-euphoric strain of marijuana to be used for the treatment of epilepsy, cancer and amyotrophic lateral sclerosis (ALS). The Compassionate Medical Cannabis Act garnered bipartisan support and was passed by the State Assembly this spring. Beginning in January of […]

Supreme Court upholds strict enforcement of gun ‘straw purchaser’ ban

The US Supreme Court [official website] ruled [opinion, PDF] 5-4 Monday in Abramski v. United States [SCOTUSblog backgrounder] that the government can enforce a ban on purchasing a gun for someone else, a so-called “straw purchase,” even if that other person is lawfully allowed to have a gun. The court held that a gun buyer’s […]

Supreme Court allows challenge to law criminalizing false political statements

The US Supreme Court [official website] ruled [opinion, PDF] unanimously Monday in Susan B. Anthony List v. Driehaus [SCOTUSblog backgrounder] that the Susan B. Anthony List (SBA) and the Coalition Opposed to Additional Spending and Taxes (COAST) [advocacy websites] can proceed with a lawsuit challenging an Ohio law that criminalizes spreading false statements during the […]

Dallas Wants to Kill the Bike Helmet Law for Adults but Keep It for Kids. Is That Constitutional?

So maybe the bike-helmet mandate the Dallas City Council passed 18 years ago wasn’t really about protecting people’s heads. Maybe it was really about giving cops in general an extra reason to interrogate suspicious-looking people in poor, minority neighborhoods, and for one cop in particular to express an apparent personal animus toward bareheaded bike riders. […]

14th Amendment Equal Protection Clause

Lea en español The Equal Protection Clause of the 14th Amendment prohibits states from denying any person within its jurisdiction the equal protection of the law. In other words, the laws of a state must treat an individual in the same manner as other people in similar conditions and circumstances. A violation would occur, for […]

Sept. 22, 1862: President Lincoln issues the Emancipation Proclamation

On Sept. 22, 1862, President Lincoln issued the first order of the Emancipation Proclamation, legally declaring the freedom of all slaves in the Confederate States of America. The proclamation, which did not free slaves in states that remained in the Union, was criticized initially by some abolitionists, who saw it as war propaganda and not […]

July 28, 1868: The 14th Amendment is adopted

The 14th Amendment was one of the post-Civil War Reconstruction amendments intended to secure the rights of former African-American slaves by providing both Due Process and Equal Protection clauses. The amendment, which Congress passed in 1866, defined terms of African-American citizenship, stating that all individuals born or naturalized in the U.S. were citizens of both […]

COLUMN: The Law in Real Life: Should Images of Animal Cruelty Be Protected Under the First Amendment?

COLUMN: The Law in Real Life By Linda Holmes, JD Should Images of Animal Cruelty Be Protected Under the First Amendment? April 24, 2009 With the high-profile arrest and conviction of the NFL’s Michael Vick, more people than ever are aware of the illegality of dogfighting. And now, the issue is coming before the United […]

Punishing Students for Off-Campus, Online Expression

By David L. Hudson, Jr. April 21, 2009 One of the most fascinating areas of First Amendment jurisprudence concerns whether public school (K-12) officials can punish students for off-campus, online expression.  The headlines inform us on a weekly, if not daily, basis of school administrators punishing students for offensive, obnoxious, inappropriate or disturbing expression posted […]

COLUMN: The Law in Real Life: Case on FCC Fines for Fleeting Expletives Shows Court’s Antiquated View of Evolving Language

COLUMN: The Law in Real Life by Linda Holmes, J.D. Case on FCC Fines for Fleeting Expletives Shows Court’s Antiquated View of Evolving Language Nov. 7, 2008 It used to be that an isolated “bad word” might simply get your mouth washed out with soap. But after U2 lead singer Bono referred to an award […]

COLUMN: The Law in Real Life: Court Decision on Taser Use Raises Questions About Excessive Force

COLUMN: The Law in Real Life by Linda Holmes, J.D. Court Decision on Taser Use Raises Questions About Excessive Force Sept. 16, 2008 Late one night in March 2004, Jonathan Rackard, a Washington County, Fla., deputy sheriff, stopped Jesse Buckley for speeding. Buckley began sobbing and would not sign the traffic citation. Failure to sign […]

5th Amendment

Lea en español What is the 5th Amendment Law? The principles contained in the 5th Amendment are vital to a person accused of a crime. Although the amendment contains several provisions, four elements protect a person accused of a crime: the right against compelled self-incrimination, the right to a grand jury, the right of protection […]

6th Amendment

Lea en español 6th Amendment Legal Definition The 6th Amendment contains five principles that affect the rights of a defendant in a criminal prosecution: the right to a speedy and public trial, the right to be tried by an impartial jury, the right to be informed of the charges, the right to confront and call […]

Electronic Surveillance

Lea en español Using electronic devices to keep surveillance over a person may implicate the investigated individual’s Fourth Amendment rights. One form of electronic surveillance is attaching a “bug” to a person’s telephone line or to a phone booth and recording the phone conversation. Courts have held that this practice constitutes a search under the […]

COMMENTARY: Court Ruling in Exorcism Case Sets a Dangerous Precedent

by Jeff Stanglin, J.D. Aug. 5 , 2008 In June, the Texas Supreme Court ruled that a church is not liable for injuries its members inflicted while performing an exorcism. The Court misapplied the law and, in doing so, set a dangerous precedent. The Facts In June 1996, 17-year-old Laura Schubert attended weekend events at […]

Constitutional Law

Lea en español What is Constitutional Law? Generally, the topic of constitutional law applies to the interpretation and implementation of the provisions of the U.S. Constitution. The determination of the application and intent of the provisions of the U.S. Constitution is the responsibility of the federal courts, with the U.S. Supreme Court acting as the […]

COLUMN: The Law in Real Life: Christian License Plate Raises Constitutional Concerns

COLUMN: The Law in Real Life by Linda Holmes, J.D. Christian License Plate Raises Constitutional Concerns July 14, 2008 License plates used to be such simple things. A kid on a road trip could learn what the plates for all 50 states looked like and could check them off on a list. Not anymore. Standard […]

COMMENTARY: Supreme Court Averts Danger by Disallowing the Death Penalty for Child Rape

by Jeff Stanglin, J.D. July 3, 2008 The Supreme Court has undoubtedly lurched toward conservatism in the past 20 years, but death penalty cases have largely been an anomaly. Just in the past six years, the Court has banned the execution of juveniles and mentally retarded individuals, ruling that such executions violate the Eighth Amendment’s […]

Libel, slander and blogger’s rights

With the ever-increasing presence of blogs, much legal attention has been given to defamation lawsuits. With blogs, the question of free speech as well as public defamation come into play. The Electronic Frontier Foundation offers a handy definition of these terms as well as information on what falls within and outside the law online.

Protection or Peril: The Supreme Court and Gun Control

by James R. Nowlin III, Esq. March 28, 2008 In today’s quickly changing world, it is not easy to ignore the role that firearms play in daily life. Massacres on college campuses, a person opening fire at a shopping mall — the question of how to prevent these types of tragedies pulsates through our nation’s […]

Representing yourself in court

You have the right to represent yourself during a trial, and the court may even allow you to act as a lawyer in your own defense at trial. The law refers to self-representation as “pro se” representation. If you request to continue pro se, the judge must allow you to represent yourself if he or […]

Due Process Clause

A clause that provides that no person shall be deprived of “life, liberty, or property” without due process of the law. The Fifth and Fourteenth Amendments to the U.S. Constitution both contain Due Process Clauses. The Due Process Clause of the Fifth Amendment pertains to federal government action and the Fourteenth Amendment’s applies to state […]

Freedom of speech

The freedom of speech is one of the most honored freedoms guaranteed by The First Amendment’s Freedom of Speech Clause in the Bill of Rights. It provides the right to engage in oral, written, and symbolic speech. The U.S. Supreme Court places speech into three categories: fully protected, limited protected, and unprotected speech. The Freedom […]

When the Fourth Amendment Doesn’t Protect You

The Fourth Amendment applies to a search only if a person has a “legitimate expectation of privacy” in the place or thing searched. If not, the Fourth Amendment offers no protection because there are, by definition, no privacy issues. Courts use a two-part test (fashioned by the U.S. Supreme Court) to determine whether, at the […]