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Rational Basis Review
In U.S. constitutional law, rational basis review is the normal standard of review that courts apply when considering constitutional questions, including due process or equal protection questions under the Fifth Amendment or Fourteenth Amendment. Courts applying rational basis review seek to determine whether a law is "rationally related" to a "legitimate" government interest, whether real or hypothetical."Rational Basis Test" Cornell University Law School. Accessed May 13, 2022. The higher levels of scrutiny are and |
Standard Of Review
In law, the standard of review is the amount of deference given by one court (or some other appellate tribunal) in reviewing a decision of a lower court or tribunal. A low standard of review means that the decision under review will be varied or overturned if the reviewing court considers there is any error at all in the lower court's decision. A high standard of review means that deference is accorded to the decision under review, so that it will not be disturbed just because the reviewing court might have decided the matter differently; it will be varied only if the higher court considers the decision to have obvious error. The standard of review may be set by statute or precedent (stare decisis). In the United States, "standard of review" also has a separate meaning concerning the level of deference the judiciary gives to Congress when ruling on the constitutionality of legislation. United States In the United States, the term "standard of review" has several different meanings ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Discrete And Insular Minorities
''United States v. Carolene Products Company'', 304 U.S. 144 (1938), was a case of the United States Supreme Court that upheld the federal government's power to prohibit filled milk from being shipped in interstate commerce. In his majority opinion for the Court, Associate Justice Harlan F. Stone wrote that economic regulations were "presumptively constitutional" under a deferential standard of review known as the "rational basis test". The case is most notable for Footnote Four, in which Stone wrote that the Court would exercise a stricter standard of review when a law appears on its face to violate a provision of the United States Constitution, restricts the political process in a way that could impede the repeal of an undesirable law, or discriminates against "discrete and insular" minorities. Footnote Four would influence later Supreme Court decisions, and the higher standard of review is now known as "strict scrutiny". Background The case dealt with a federal law that pro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Paul Stevens
John Paul Stevens (April 20, 1920 – July 16, 2019) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1975 to 2010. At the time of his retirement, he was the second-oldest justice in the history of the U.S. Supreme Court and the third- longest-serving justice. At the time of his death in 2019 at age 99, he was the longest-lived Supreme Court justice ever. His long tenure saw him write for the Court on most issues of American law, including civil liberties, the death penalty, government action, and intellectual property. In cases involving presidents of the United States, he wrote for the court that they were to be held accountable under American law. Despite being a registered Republican who throughout his life identified as a conservative, Stevens was considered to have been on the liberal side of the Court at the time of his retirement. Born in Chicago, Stevens served in the United States Navy during ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Congressional Research Service Reports
The Congressional Research Service (CRS) is a public policy research institute of the United States Congress. Operating within the Library of Congress, it works primarily and directly for members of Congress and their committees and staff on a confidential, nonpartisan basis. CRS is sometimes known as Congress' think tank due to its broad mandate of providing research and analysis on all matters relevant to national policymaking. CRS has roughly 600 employees reflecting a wide variety of expertise and disciplines, including lawyers, economists, reference librarians, and scientists. In the 2016 fiscal year, it was appropriated a budget of roughly $106.9 million by Congress. CRS was founded during the height of the Progressive Era as part of a broader effort to professionalize the government by providing independent research and information to public officials. Its work was initially made available to the public, but between 1952 and 2018 was restricted only to members of Congres ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Library Of Congress
The Library of Congress (LOC) is the research library that officially serves the United States Congress and is the ''de facto'' national library of the United States. It is the oldest federal cultural institution in the country. The library is housed in three buildings on Capitol Hill in Washington, D.C.; it also maintains a conservation center in Culpeper, Virginia. The library's functions are overseen by the Librarian of Congress, and its buildings are maintained by the Architect of the Capitol. The Library of Congress is one of the largest libraries in the world. Its "collections are universal, not limited by subject, format, or national boundary, and include research materials from all parts of the world and in more than 470 languages." Congress moved to Washington, D.C., in 1800 after holding sessions for eleven years in the temporary national capitals in New York City and Philadelphia. In both cities, members of the U.S. Congress had access to the sizable co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Congressional Research Service
The Congressional Research Service (CRS) is a public policy research institute of the United States Congress. Operating within the Library of Congress, it works primarily and directly for members of Congress and their committees and staff on a confidential, nonpartisan basis. CRS is sometimes known as Congress' think tank due to its broad mandate of providing research and analysis on all matters relevant to national policymaking. CRS has roughly 600 employees reflecting a wide variety of expertise and disciplines, including lawyers, economists, reference librarians, and scientists. In the 2016 fiscal year, it was appropriated a budget of roughly $106.9 million by Congress. CRS was founded during the height of the Progressive Era as part of a broader effort to professionalize the government by providing independent research and information to public officials. Its work was initially made available to the public, but between 1952 and 2018 was restricted only to members of Con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Procedural Due Process
Procedural due process is a legal doctrine in the United States that requires government officials to follow fair procedures before depriving a person of life, liberty, or property. When the government seeks to deprive a person of one of those interests, procedural due process requires at least for the government to afford the person notice, an opportunity to be heard, and a decision made by a neutral decisionmaker. Procedural due process is required by the Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio .... The article "Some Kind of Hearing" written by Judge Henry Friendly created a list of basic due process rights "that remains highly influential, as to both content and relative priori ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Substantive Due Process
Substantive due process is a principle in United States constitutional law that allows courts to establish and protect certain fundamental rights from government interference, even if only procedural protections are present or the rights are unenumerated elsewhere in the U.S. Constitution. Courts have asserted that such protections come from the due process clauses of the Fifth and Fourteenth amendments to the U.S. Constitution, which prohibit the federal and state governments, respectively, from depriving any person of "life, liberty, or property, without due process of law". Substantive due process demarks the line between those acts that courts hold to be subject to government regulation or legislation and those that courts place beyond the reach of governmental interference. Whether the Fifth or Fourteenth Amendments were intended to serve that function continues to be a matter of scholarly as well as judicial discussion and dissent. Justice Clarence Thomas has called on the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Executive (government)
The Executive, also referred as the Executive branch or Executive power, is the term commonly used to describe that part of government which enforces the law, and has overall responsibility for the governance of a state. In political systems based on the separation of powers, such as the USA, government authority is distributed between several branches in order to prevent power being concentrated in the hands of a single person or group. To achieve this, each branch is subject to checks by the other two; in general, the role of the Legislature is to pass laws, which are then enforced by the Executive, and interpreted by the Judiciary. The Executive can be also be the source of certain types of law, such as a decree or executive order. In those that use fusion of powers, typically Parliamentary systems, the Executive forms the government and its members generally belong to the political party that controls the legislature or "Parliament". Since the Executive requires t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legislature
A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known as primary legislation. In addition, legislatures may observe and steer governing actions, with authority to amend the budget involved. The members of a legislature are called legislators. In a democracy, legislators are most commonly popularly elected, although indirect election and appointment by the executive are also used, particularly for bicameral legislatures featuring an upper chamber. Terminology The name used to refer to a legislative body varies by country. Common names include: * Assembly (from ''to assemble'') * Congress (from ''to congregate'') * Council (from Latin 'meeting') * Diet (from old German 'people') * Estates or States (from old French 'condition' or 'status') * Parliament (from French ''parler'' 'to spe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State Law
State law refers to the law of a federated state, as distinguished from the law of the federation A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government ( federalism). In a federation, the self-gover ... of which it is a part. It is used when the constituent components of a federation are themselves called states. Federations made up of provinces, cantons, or other units use analogous terms like provincial law or cantonal law. State law may refer to: * State law (Australia) * State law (Brazil) * State law (Germany) * State law (India) * State law (Mexico) * State law (Nigeria) * State law (United States) * State law (Venezuela) {{SIA ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Law
Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join in a federation, delegating their individual sovereignty and many powers to the central government while retaining or reserving other limited powers. As a result, two or more levels of government exist within an established geographic territory. The body of law of the common central government is the federal law. Examples of federal governments include those of Australia, Brazil, Canada, Germany, Malaysia, Pakistan, Republic of India, Russia, the former Soviet Union and the United States. Australia Brazil Canada Germany India Malaysia Pakistan Russia United States The United States Constitution established through the supremacy clause that the United States Constitution and federal law takes precedent over state law. These powers include the authority to govern international aff ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
