by Jason M. Gordon | Feb 23, 2025 | Government, Legal System, Administrative Law, & Constitutional Law
What is Due Process of Law under the 5th Amendment? Due Process rights assure fundamental fairness and decency in any governmental act or process that may affect the life, liberty, property or other constitutional rights of its citizens. Due process in the exercise of...
by Jason M. Gordon | Feb 23, 2025 | Government, Legal System, Administrative Law, & Constitutional Law
What is the Incorporation Doctrine? The 14th Amendments Due Process clause is an incorporation doctrine. What Does the Incorporation Doctrine Do? In addition to requiring that states observe principles of due process in the execution of laws, the incorporation...
by Jason M. Gordon | Feb 23, 2025 | Government, Legal System, Administrative Law, & Constitutional Law
What is the 14th Amendment? The 14th Amendment to the Constitution states that, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State...
by Jason M. Gordon | Feb 23, 2025 | Government, Legal System, Administrative Law, & Constitutional Law
What are the standards by which the government (through laws or actions) may infringe on individual rights? The standards of judicial review constitute the standards that a court will employ when determining whether a law infringes upon an individual’s...
by Jason M. Gordon | Feb 23, 2025 | Government, Legal System, Administrative Law, & Constitutional Law
What is the Supremacy Clause? Article VI, Section 2 of the US Constitution provides that the Constitution is supreme over all laws and that federal law is supreme over state law. What is Preemption? Congress can expressly reserve an entire area of law for federal...
by Jason M. Gordon | Feb 23, 2025 | Government, Legal System, Administrative Law, & Constitutional Law
What is the Commerce Clause? Article I, Section 8, specifically grants to the Federal Government the right to regulate commerce among the several states. This is known as the Commerce Clause. Simply put, the Commerce Clause allows the Federal Government to regulate...
