Constitutionality

Since 1803, the law has been well settled that the United States Supreme Court has the exclusive “province and duty” to “say what the law is” with respect to whether a particular federal law is contrary to the United States Constitution.[1]Marbury v. Madison, 1 Cranch...

Attorney-Client Privilege

The attorney-client privilege allows a client, and requires the client’s attorney, to protect communications made in confidence relating to legal advice sought by the client from a lawyer in the lawyer’s professional capacity. [1]United States v. International...

Absolute Right

There is no such thing in United States Constitutional Law.  Any constitutional right or freedom can be limited or regulated if a compelling state interest is served and the limit or regulation is narrowly tailored to serve that interest.[1]See, e.g., Kramer v. Union...

Treason

Not to be confused with mere betrayal, Treason is a serious high crime. It is longstanding law that treason is considered the most serious offense against the United States.[1]Hanauer v. Doane, 79 U.S. 342, 347 (1870). Because treason is the only crime defined in the...

Color of Law

A legal term of art in civil rights actions, color of law refers to conduct of persons who have the authority to act for the government or who act as though they have the authority to act for the government. A private individual who denies a person’s civil rights is...