Enumerated powers are the powers granted to the Federal government, and specifically Congress, which are mostly listed in Article I, Section 8 of the U.S. Constitution. Namely the power “to lay and collect taxes”, duties, impost and excises,...
constitutional law
equal protection
Overview
Equal Protection refers to the idea that a governmental body may not deny people equal protection of its governing laws. The governing body state must treat an individual in the same manner as others in similar conditions and...
Establishment Clause
The First Amendment's Establishment Clause prohibits the government from making any law “respecting an establishment of religion.” This clause not only forbids the government from establishing an official religion, but also prohibits...
excessive bail
Excessive bail is an amount of bail ordered to be posted by an accused defendant which is much more than necessary or usual to ensure they will make court appearances particularly in relation to minor crimes. Moreover, under the Eighth...
exclusionary rule
Overview
The exclusionary rule prevents the government from using most evidence gathered in violation of the United States Constitution. The decision in Mapp v. Ohio established that the exclusionary rule applies to evidence gained from an...
executive order
An executive order is defined as a declaration by the president or a governor which has the force of law, usually based on existing statutory powers. Executive orders do not require any action by the Congress or state legislature to take...
executive power
Executive Power: An Overview
In its first three articles, the U.S. Constitution outlines the branches of the U.S. Government, the powers that each branch contains, and the limitations to those powers. Article II outlines the duties of the...
exigent circumstances
Overview
Exigent circumstances, as defined in United States v. McConney are "circumstances that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers or...
expectation of privacy
Overview
The expectation of privacy is a legal test, originated from Katz v. United States and is a key component of Fourth Amendment analysis. The Fourth Amendment protects people from warrantless searches of places or seizures of persons...
extradition
Overview
Extradition is the removal of a person (typically referred to as a fugitive) from a requested jurisdiction to another jurisdiction for criminal prosecution or punishment. Some relevant case law for extradition can be found in e.g....