Cohens v. Virginia, 19 U.S. 264 (1821), is a landmark case by the Supreme Court of the United States that is most notable for the Court's assertion of its power to review state supreme court decisions in criminal law matters if defendants claim that their constitutional rights have been violated. The Court had previously asserted a similar jurisdiction over civil cases involving U.S. parties.
The federal government of the United States is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, five major self-governing territories, several island possessions, and the federal district and national capital of Washington, D.C., where most of the federal government is based.
City of Boerne v. Flores, 521 U.S. 507 (1997), was a landmark decision of the Supreme Court of the United States concerning the scope of Congress's power of enforcement under Section 5 of the Fourteenth Amendment. The case also had a significant impact on historic preservation.
In the United States, state law refers to the law of each separate U.S. state.
Missouri v. Holland, 252 U.S. 416 (1920) is a United States Supreme Court case concerning the extent to which international legal obligations are incorporated into federal law under the United States Constitution.
The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. The U.S. federal judiciary consists primarily of the U.S. Supreme Court, the U.S. Courts of Appeals, and the U.S. District Courts. It also includes a variety of other lesser federal tribunals.
Hans v. Louisiana, 134 U.S. 1 (1890), was a decision of the United States Supreme Court determining that the Eleventh Amendment prohibits a citizen of a U.S. state to sue that state in a federal court. Citizens cannot bring suits against their own state for cases related to the federal constitution and federal laws. The court left open the question of whether a citizen may sue his or her state in state courts. That ambiguity was resolved in Alden v. Maine (1999), in which the Court held that a state's sovereign immunity forecloses suits against a state government in state court.
Louisville & Nashville Railroad Company v. Mottley, 211 U.S. 149 (1908), was a United States Supreme Court decision that held that under the existing statutory scheme, federal question jurisdiction could not be predicated on a plaintiff's anticipation that the defendant would raise a federal statute as a defense. Instead, such jurisdiction can only arise from a complaint by the plaintiff that the defendant has directly violated some provision of the Constitution, laws, or treaties of the United States. This reading of the federal question jurisdiction statute is now known as the well-pleaded complaint rule.
Nixon v. Fitzgerald, 457 U.S. 731 (1982), was a US Supreme Court case that dealt with immunity from prosecution of government officials performing discretionary functions when their actions did not violate clearly-established law.
Legal research is the process of identifying and retrieving information to support legal arguments and decisions. Finding relevant legal information can be challenging and may involve the use of electronic research tools as well as printed books and materials. However, many resources that are useful for legal research are fee-based, and many are not easily accessible.
Davis v. Beason, 133 U.S. 333 (1890), was a United States Supreme Court case affirming, by a 9–0 vote, that federal laws against polygamy did not conflict with the free exercise clause of the First Amendment to the United States Constitution.
Reno v. Condon, 528 U.S. 141 (2000), was a case in which the Supreme Court of the United States upheld the Driver's Privacy Protection Act of 1994 (DPPA) against a Tenth Amendment challenge.
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, and case law originating from the federal judiciary. The United States Code is the official compilation and codification of general and permanent federal statutory law.
The Supremacy Clause of the Constitution of the United States establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. It provides that state courts are bound by, and state constitutions subordinate to, the supreme law. However, federal statutes and treaties must be within the parameters of the Constitution; that is, they must be pursuant to the federal government's enumerated powers, and not violate other constitutional limits on federal power, such as the Bill of Rights—of particular interest is the Tenth Amendment to the United States Constitution, which states that the federal government has only those powers that are delegated to it by the Constitution.
The law of Virginia consists of several levels of legal rules, including constitutional, statutory, regulatory, case law, and local laws. The Code of Virginia contains the codified legislation that define the general statutory laws for the Commonwealth.
The law of Michigan consists of several levels, including constitutional, statutory, regulatory and case law. The Michigan Compiled Laws form the general statutory law.
The law of North Carolina consists of several levels, including constitutional, statutory, regulatory, case law, and local law.
A campaign finance reform amendment refers to any proposed amendment to the United States Constitution to authorize greater restrictions on spending related to political speech, and to overturn Supreme Court rulings which have narrowed such laws under the First Amendment. Several amendments have been filed since Citizens United v. Federal Election Commission and the Occupy movement.