Strict construction is a form of judicial interpretation of a statute. The fundamental principle behind this construction is that the text of a provision in a statute should be applied as it is written (see also: statutory construction). Such...
the Constitution
strict scrutiny
Overview
Strict scrutiny is a form of judicial review that courts use to determine the constitutionality of certain laws. Strict scrutiny is often used by courts when a plaintiff sues the government for discrimination. To pass strict scrutiny, the...
substantive due process
Substantive due process is the principle that the Fifth and Fourteenth Amendments of the U.S. Constitution protect fundamental rights from government interference. Specifically, the Fifth and Fourteenth Amendments prohibit the government from...
suppression
Suppression occurs when evidence collected in violation of the Constitution becomes inadmissible at trial. Evidence excluded this way is referred to as being “suppressed.” This is known as the Exclusionary Rule.
The process...
Supremacy Clause
The Supremacy Clause refers to the foundational principle that, in general, federal law takes precedence over any conflicting state law. Established under Article VI, Paragraph 2 of the U.S. Constitution, the Supremacy Clause enables the...
suspect classification
Suspect classification refers to a class of individuals who have been historically subject to discrimination. The Equal Protection Clause of the 14th Amendment, imposes a restraint on the governmental use of suspect classification. There are...
tainted evidence
In a criminal trial, tainted evidence, also referred to as evidence of taint, is evidence that was acquired by illegal means. For example, if authorities gather evidence using a wiretap without a proper warrant, the evidence will be deemed...
taking
The power of the government through the use of eminent domain, to take private property and convert it into public use, is referred to as a taking. The Fifth Amendment provides that the government may only exercise this power if they provide...
taking the Fifth
“Taking the Fifth" or “pleading the Fifth” are colloquial terms used to refer to an individual’s decision to invoke their right against self-incrimination under the Fifth Amendment of the United States Constitution. During questioning by...
takings
Overview
A taking is when the government seizes private property for public use.
A taking can come in two forms. The taking may be physical, which means that the government literally takes the property from its owner). Or the taking may be...