Reapportionment

Reapportionment is the process re-distributing seats in the House of Representatives, or other legislative body, according to the population in each state. This example of reapportionment is actually done through a complex mathematical formula that ensures the most even distribution of House seats. While each state gets two seats in the U.S. Senate, each state is given a certain number […]

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Selective Incorporation

Selective incorporation is a doctrine written into the Constitution that protects American citizens from their states’ enacting of laws that could infringe upon their rights. Selective incorporation is not a law, but a doctrine that has been established and confirmed time and again by the United States Supreme Court. Essentially, selective incorporation enables the federal government to place limits on […]

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Judicial Restraint

The term judicial restraint refers to a belief that judges should limit the use of their power to strike down laws, or to declare them unfair or unconstitutional, unless there is a clear conflict with the Constitution. This concept relies heavily on the uniform adherence to case law, which encompasses decisions rendered by other judges on prior, similar cases. To […]

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Legislation

Legislation is laws that are made or enacted by a governing body, or “legislature.” In the United States, the legislative process functions at both the federal and state levels, where proposed laws are referred to as “bills.” Laws passed through the legislative process may serve to outlaw something, to authorize, sanction, or grant something, to regulate something, or to restrict […]

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Elastic Clause

The Elastic Clause, also known as the “Necessary and Proper Clause,” is perhaps the most important clause in the U.S. Constitution, though it is also the most controversial. The Clause gives Congress the authority to use powers not explicitly named in the Constitution, if they are necessary in order to perform its responsibilities as outlined in the Constitution. In other […]

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Hatch Act

The Hatch Act of 1939 dictates that employees of the executive branch of the federal government, the District of Columbia government, as well as state and local employees who are affiliated with federally funded programs, are prohibited from publicly take a side when it comes to engaging in political activities. The Hatch Act (the “Act”) was amended in 1993 to […]

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Federal Government

Federal Government meaning in law A federal government is a system of government that divides the power between a larger central government, and the local and regional governments beneath it. In the United States, the federal government’s powers were established by the Constitution. Perfect examples of federal governments are those that function best in large countries with a broad diversity […]

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