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...
constitutional law
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Respondent Russell Bartlett attended Arctic Man 2014, an extreme ski event held in Alaska’s Hoodoo Mountains. Bartlett v. Nieves et al., 2016 WL 3702952 at *1 (D. Ala. 2016). The event brings people to Alaska for several days of partying. Id. During...
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Nonfederal grounds refers to a case, area, situation, or even a piece of property that is outside of federal jurisdiction or where a federal law or entity is not the primary authority.
For example, the Supreme Court will...
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For twenty-two years, Petitioner James Obergefell and his late partner, John Arthur, lived together in a committed relationship in Cincinnati, Ohio until Arthur’s passing on October 22, 2013. See Obergefell v. Kasich, No. 1:13-cv-501, 2013 WL 3814262,...
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Plenary power refers to the complete or absolute authority granted to a governing body over a specific area without limitations, enabling them to exercise significant control and discretion over relevant matters.
This term...
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Under Article I, Section 8, Clause 7 of the U.S. Constitution, postal power allows Congress to establish Post Offices and Post Roads.
The United States Supreme Court in Ex parte Jackson observed that the postal power allows...
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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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The term property power refers to the power possessed by Congress under Article IV, §3 of the Constitution. Clause 2 provides that “The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the...
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The rational basis test is a judicial review test used by courts to determine the constitutionality of a statute or ordinance. It is also referred to as “rational review.”
The Requirements of the Rational Basis TestUnder...