Constitutional Analysis • Civic Education • Investigative Research
Category: Category 2
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Color of law describes the condition under which a person uses authority granted by a government position to do something they are not legally permitted to do. The “color” in the phrase means the appearance of legitimacy, not the substance of it. An official acting under color of law looks like they are operating within…
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Modern First Amendment jurisprudence has organized itself around tiers of judicial scrutiny. Rational basis review is the minimum standard of constitutionality. Strict scrutiny is the most demanding. In between sits intermediate scrutiny. Laws that regulate speech based on its content receive strict scrutiny, with one significant exception: commercial speech restrictions typically receive intermediate scrutiny. Laws…
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The driving force behind most pro se litigation is straightforward: cost. Legal representation has become prohibitively expensive for middle-class Americans pursuing legitimate claims.