The incorporation doctrine is a constitutional doctrine through which parts of the first ten amendments of the United States Constitution (known as the Bill of Rights) are made applicable to the states through the Due Process clause...
U.S. CONSTITUTION
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Intellectual property (I.P. or IP) is a type of property encompassing the products of original human thought. Common examples of intellectual property include: the contents of a book, designs of an invention, computer software, company logos...
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The Intellectual Property (IP) Clause, also known as the “Patent and Copyright Clause” refers to Article I, Section 8, Clause 8 of the United States Constitution, which grants Congress the enumerated power "To promote the progress of science...
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A natural born citizen refers to someone who was a U.S. citizen at birth, and did not need to go through a naturalization proceeding later in life. Under the 14th Amendment's Naturalization Clause and the Supreme Court case of United States v...
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The Necessary and Proper Clause refers to Clause 18 under Article I, Section 8 of the Constitution. It reads that Congress has the legislative power “to make all Laws which shall be necessary and proper for carrying into Execution the...
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Preemption is a doctrine in constitutional law that applies when two authorities conflict with one another. It refers to the idea that a higher authority of law will displace the law of a lower authority of law when the two authorities come...
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Overview:
There is a long and evolving history regarding the right to privacy in the United States. In the context of American jurisprudence, the Supreme Court first recognized the “right to privacy” in Griswold v. Connecticut (1965). Before...
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Not to be confused with the Privileges or Immunities Clause of the Fourteenth Amendment, Section 1, Clause 2, the Privileges and Immunities Clause of Article IV, Section 2 of the Constitution, also known as the Comity Clause, provides that “...
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Probable cause refers to a reasonable basis for believing that a crime may have been committed (for an arrest) or that evidence of a crime is present in the place to be searched (for a search).
Probable cause is a Fourth...
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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...