Espionage Act

The Espionage Act of 1917 is one of the most controversial laws that the United States ever passed. It was initially created to prohibit United States citizens from supporting enemies of their country while the U.S. was at war. It was also meant to stop anyone who could potentially get in the way of military operations, including recruitment, during wartime. […]

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Separation of Powers

Separation of powers refers to a system of government in which its powers are divided between multiple branches, each branch controlling a different aspect of government. In the United States, governmental authority is divided between the executive branch, which is controlled by the President; the legislative branch, which is controlled by Congress; and the judicial branch, which is controlled by […]

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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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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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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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Delegated Powers

Delegated powers are government powers specifically outlined in the U.S. Constitution. These powers limit what Congress can do, and also define what Congress is in charge of regulating. Delegated powers are those authorities that the Constitutional framers deemed worthy of Congressional effort and which the framers believed would not limit personal freedoms of individuals. The U.S. Constitution, which is both […]

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De Facto Segregation

Although the Civil Rights Act of 1964 made racial segregation illegal in the United States, the practice of segregation continued. This practice of separating minorities, especially black Americans, from whites was labeled de facto segregation, and commonly occurred in schools, though such public places as diners, beaches, and others remained segregated. To explore this concept, consider the following de facto […]

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