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  • U. S. Case Law, Court Opinions Decisions :: Justia
    Case law, also known as precedent or common law, is the body of prior judicial decisions that guide judges deciding issues before them Depending on the relationship between the deciding court and the precedent, case law may be binding or merely persuasive
  • Modern Plenary Power Jurisprudence: Challenges to the Exclusion of . . .
    In that case, a U S citizen (Fauzia Din) challenged the State Department's denial of her husband's visa application, claiming that the agency failed to adequately explain the basis for the denial 1 (providing that aliens who engage in terrorist activities are inadmissible to the United States)
  • Exclusion from Within: Noncitizens and the Rise of Discriminatory . . .
    Licensing proved to be a powerful tool of exclusion; by 1930, citizenship-based licensing restrictions were present in every state and most major cities Noncitizens challenged some of these laws, pushing for greater protection of their constitutional rights
  • Equal Protection Clause - Wikipedia
    President Andrew Johnson vetoed the Civil Rights Act of 1866 amid concerns (among other things) that Congress did not have the constitutional authority to enact such a bill
  • CONSTRUCTING CITIZENSHIP: EXCLUSION AND INCLUSION THROUGH THE . . .
    Unequal access to the infrastructure of travel—and counteracting these private forms of exclusion—continued to inform desegregation and antidiscrimination movements, from 1890s efforts to challenge segregation via the Interstate Commerce Commission to the twentieth-century Montgomery Bus Boycott and the evocation of traveler necessity and
  • 5. 1What Are Civil Rights and How Do We Identify Them?
    Essentially, civil rights are guarantees by the government that it will treat people equally—particularly people belonging to groups that have historically been denied the same rights and opportunities as others
  • Equal Protection: Strict Scrutiny of Racial Classifications
    l group (sometimes called a disparate impact) are not subject to strict scrutiny A government benefit offered based on income or home ownership, for example, would not face strict scrutin
  • Racial Exclusion by Bureaucratic Omission: Non-Enumeration, Documentary . . .
    Bureaucratic omission, while distinct from exclusion, may ultimately result in racial exclusion by depriving populations of the material and symbolic resources needed to make clams for rights, resources, or membership
  • Equal Protection of The Laws :: Fourteenth Amendment -- Rights . . .
    No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws Annotations Scope and Application State Action
  • Due Process of Law :: Fourteenth Amendment -- Rights Guaranteed . . .
    Due process under the Fourteenth Amendment can be broken down into two categories: procedural due process and substantive due process Procedural due process, based on principles of “fundamental fairness,” addresses which legal procedures are required to be followed in state proceedings





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