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...
constitutional law
prior restraint
Prior restraint describes an administrative or judicial order that forbids certain speech before the time that the communication is to occur, as stated in Alexander v. United States.
Prior restraint may be a statute or...
prisoners' rights
Prisoners’ rights are the rights of the prisoners against discrimination or abuse within correctional facilities. Both federal and state laws govern the rights of the incarcerated and oversee the operation of the prisons. While prisoners do...
privacy
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...
privilege against self-incrimination
Privilege against self-incrimination is a privilege guaranteed by the Fifth Amendment of the United States Constitution. It bans a witness from being compelled to give testimony that is self-incriminating.
The Fifth...
Privileges and Immunities Clause
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 “...
probable cause
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...
procedural due process
The U.S. Constitution requires that federal and state governments abide by certain procedures to protect the essential interests of all citizens. The Fifth and the Fourteenth Amendments of the U.S. Constitution guarantee due process to all...
property power
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...
public defender
A public defender is a criminal defendant lawyer for the impoverished. A public defender is part of the legislative public service program as a staff attorney. The court appoints the public defenders to indigent defendants who require...