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 The eighteenth article of amendment to the Constitution of the United States is hereby repealed.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.

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 […]

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 […]

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 […]

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 […]

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.

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 […]

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 […]

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 […]

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 […]