constitutional law

Commercial Speech

Definition

Speech which promotes at least some type of commerce.

Overview

Under Central Hudson Gas & Electric v. Public Service Commission, 447 U.S. 557 (1980), commercial speech is less protected under the First Amendment than other...

Confrontation Clause

See Right to confront witness.

Congressional Power

Article I of the US Constitution creates and defines the powers of Congress. For more on specific congressional powers, see:

Legislative_power

Commerce_power

Investigatory_power

Taxing_power

Spending_power

...

Constitutional Avoidance

Constitutional Avoidance is the principal that, if possible, the Supreme Court should avoid ruling on constitutional issues, and resolve the cases before them on other (usually statutory) grounds. In practice, what this often means is that if the...

Eighth Amendment

The Eighth Amendment of the United States Constitution states that: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

The Excessive Bail section provides constitutional protection...

Elections

Election Law: An Overview

Citizens make choices by voting in elections. Two types of elections exist: general elections and special elections. A general election occurs at a regularly scheduled interval as mandated by law. A special election...

Electronic Surveillance

Overview

Electronic surveillance is defined in federal law as the nonconsensual acquisition by an electronic, mechanical, or other surveillance device of the contents of any wire or electronic communication, under circumstances in which a party to the...

Emergency Powers

Overview

The Constitution does not expressly grant the President additional war powers or other powers in times of national emergency. However, many scholars think that the Framers implied these powers because the structural design of the Executive...

Emoluments Clause

Also known as the Title of Nobility Clause, Article I, Section 9, Clause 8 of the U.S. Constitution prohibits any person holding a government office from accepting any present, emolument, office, or title from any "King, Prince, or foreign State,"...

Executive Power

Executive Power: An Overview

In its first three articles, the U.S. Constitution outlines the branches of the U.S. Government, the powers that they contain and the limitations to which they must adhere. Article II outlines the duties of the Executive...

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