Constitution.findlaw.com

Fourth Amendment Seizures of Property

WebThe Fourth Amendment protects “the right of the people to be secure in their persons, houses, papers, and effects” from unreasonable search or seizure. In general, …

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URL: https://constitution.findlaw.com/amendment4/annotation02.html

Scope of the Rights Protected by the Fourth Amendment

WebFact-Checked. Under the Fourth Amendment, law enforcement officers cannot conduct an “unreasonable” search of someone’s person or property. In most …

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How the Fourteenth Amendment Limits Government Policing Powers

WebIt is a broad power; however, the 14th Amendment prevents states from infringing on "the privileges or immunities of citizens of the United States" without due …

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Fourteenth Amendment Equal Protection and Due Process

WebIt nullifies and makes void all State legislation, and State action of every kind, which impairs the privileges and immunities of citizens of the United States, or which …

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Fifth Amendment Due Process: Prosecutorial Issues

WebDue process is especially important in criminal proceedings when someone's freedom, or in some cases their life, is on the line. The Supreme Court has spent many …

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Exceptions to the Fourth Amendment Warrant Requirement

WebFact-Checked. Although the Fourth Amendment protects us from “unreasonable searches and seizures” by law enforcement, you might be surprised by …

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Medical Privacy Under Due Process

WebSubstantive due process under the Fifth Amendment is a complicated area of law. Since these rights are not explicitly stated in the Constitution, the Supreme Court …

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The Eighth Amendment and the Death Penalty

WebA part of the Bill of Rights, the Eighth Amendment provides several important protections for people who are convicted of a crime. And perhaps the most widely known …

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The Twenty-Fifth Amendment: What Happens if a President Is No …

WebSection 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President. Section 2. Whenever there is a …

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The Tenth Amendment

WebThe Amendment expressly declares the constitutional policy that Congress may not exercise power in a fashion that impairs the States’ integrity or their ability to …

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What Is Symbolic Speech Under the First Amendment

WebThe First Amendment protects several of the most notable rights we have in the United States – including freedom of speech. This constitutional right protects against …

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Abortion Rights as a Part of Due Process

WebIn 1973, the Supreme Court held that the Fifth Amendment’s due process clause includes a right to privacy in Roe v.Wade – and that through this right of privacy, …

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Regulatory Takings- FindLaw

WebA regulatory taking is a situation where the government limits the legal use of private property to the point that the owner essentially cannot use it. As with physical …

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Commerce Powers Under Article I of the U.S. Constitution

WebThe Commerce Clause is a major source of Congress' power. The Commerce Clause has been interpreted by the Supreme Court to grant three broad categories of …

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Do States Have Sovereign Immunity

WebAnd in extending protection against suits brought by foreign governments, the Court made clear the immunity flowed not from the Eleventh Amendment but from …

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Invasions of Privacy and the First Amendment

WebThe First Amendment's protections for free speech and the press are considered a bedrock of American democracy. But at times, these rights appear to run …

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When Is the Death Penalty Considered Cruel and Unusual

WebOne of the biggest sticking points in Eighth Amendment jurisprudence is, unsurprisingly, the death penalty. The Eighth Amendment prohibits "cruel and unusual …

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Mootness Doctrine

WebThere's a lot to unpack in Article III, from the types of cases federal courts can take to the creation of the Supreme Court. The mootness doctrine is a limitation on the …

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