constitutional law

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Overview

Federalism is a system of government in which the same territory is controlled by two levels of government. Generally, an overarching national government is responsible for broader governance of larger territorial areas, while the...

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Fighting words are words meant to incite violence such that they may not be protected free speech under the First Amendment. The U.S. Supreme Court first defined them in Chaplinsky v New Hampshire (1942) as words which "by their very...

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Curtis Flowers (“Flowers”) has been tried six times in relation to four 1996 murders in Winona, Mississippi. Flowers v. State at 1091. Flowers’ first two trials (“Flowers I” and “Flowers II”) each resulted in a guilty verdict and death sentence, but...

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Overview

The Fourteenth Amendment of the U.S. Constitution contains a number of important concepts, most famously state action, privileges or immunities, citizenship, due process, and equal protection—all of which are contained in Section...

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Respondent Gilbert P. Hyatt filed suit against Petitioner Franchise Tax Board of California (“Franchise Tax Board”) in 1998, alleging that it had committed certain intentional torts, causing him damages, and claiming that its tax auditors acted in bad...

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Free Exercise Clause refers to the section of the First Amendment italicized here:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...

The Free Exercise Clause reserves the right...

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Overview

Fundamental rights are a group of rights that have been recognized by the Supreme Court as requiring a high degree of protection from government encroachment. These rights are specifically identified in the Constitution (especially...

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On November 29, 2015, a police officer in Alabama pulled over Terance Gamble for a faulty headlight. Brief for Petitioner, Terance Gamble at 2. The officer smelled marijuana and decided to search Gamble’s car, where he found marijuana and a 9mm handgun...

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On June 7, 2010, a group of Mexican teenagers were playing below a bridge leading to the United States border—in a channel that separated Juarez, Mexico and El Paso, Texas. See Hernández v. Mesa, 757 F.3d 249, 255 (5th Cir. 2014); Brief for Petitioners...

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In 1949, Respondent Department of Agriculture promulgated the Marketing Order Regulating the Handling of Raisins Produced from Grapes Grown in California (“Marketing Order”) under authority of the Agricultural Marketing Agreement Act of 1937 (“AMAA”)....

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