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The Court uses a two-part test to determine if the Privileges and Immunities Clause has been violated. First, it looks to see if a law discriminates against people from out of state regarding fundamental rights (e.g. protection by the government of the enjoyment of life, and liberty, the right to acquire and possess property of every kind, and ...
The Supremacy Clause of the Constitution of the United States ( Article VI, Clause 2) 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. [ 1] It provides that state courts are bound by, and ...
Constitutionof the United States. Article Six of the United States Constitution establishes the laws and treaties of the United States made in accordance with it as the supreme law of the land, forbids a religious test as a requirement for holding a governmental position, and holds the United States under the Constitution responsible for debts ...
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 ...
In 2004, the Supreme Court of the United States formulated a new test in Crawford v. Washington to determine whether the Confrontation Clause applies in a criminal case. The Confrontation Clause has its roots in both English common law , protecting the right of cross-examination , and Roman law , which guaranteed persons accused of a crime the ...
Early in its history, in Marbury v.Madison, 5 U.S. 137 (1803) and Fletcher v.Peck, 10 U.S. 87 (1810), the Supreme Court of the United States declared that the judicial power granted to it by Article III of the United States Constitution included the power of judicial review, to consider challenges to the constitutionality of a State or Federal law.
The Constitution of the United States is the supreme law of the United States. [ 3 ] It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally including seven articles, the Constitution delineates the frame of the federal government.
The need for a comprehensive guide to the interpretation of the Constitution was apparent to Congress from early in the 20th century. In 1911, the Senate Manual contained the United States Constitution and Amendments with citations to decisions by the U.S. Supreme Court concerning constitutional law. [4]