Invidious discrimination is a legal term used to describe the act of treating a class of persons unequally in a manner that is malicious, hostile, or damaging. It refers to discrimination that is motivated by animus or ill will towards a...
constitutional law
(Wex page)
Jus tertii is a Latin phrase meaning “the law concerning the third.” In the context of American law, jus tertii may refer to one of two distinct concepts.
First, it may refer to third party standing. Third party standing allows... (LIIBULLETIN preview)
After the 2010 census, the State of Maryland engaged in the redistricting of its eight congressional districts and forty-seven legislative districts to equalize each district’s population. Benisek v. Lamone at 5. Since 1966, Maryland’s Sixth...
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Legislative power is the power to make and alter laws. In the United States, federal legislative power resides with Congress. As an extension of the power to make laws, Congress has powers to conduct hearings and investigations, consider...
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A letter of marque is a government license authorizing the bearer to engage in privateering. Holders of these commissions were entitled to outfit private warships for the purposes of sinking or capturing vessels belonging to enemy nations....
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The market participant exception establishes an exception to the Commerce Clause's scrutiny for the state when the state functions not as a regulator of the market, but rather as a market participant. The impact of this exception is felt in...
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A "Miranda warning" refers to the warnings that a police officer is required to give to a detainee based on constitutional requirements.
The requirement to give Miranda warnings came from the Supreme Court decision, Miranda...
(LIIBULLETIN preview)
On November 4, 2021, the North Carolina Legislature passed new redistricting maps for its congressional elections. Moore v. Harper at 18a. Twelve days later, Plaintiffs North Carolina League of Conservation Voters and several North Carolina Citizens (“...
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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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Naturalization power is the authority of Congress under Article I, Section 8, Clause 4 of the Constitution "[t]o establish a uniform rule of naturalization." Congress has the sole power to create laws over naturalization; meaning Congress...