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Nothing in the First Amendment or in this Court's case law interpreting it suggests that the rights to speak, associate, and petition require government policymakers to listen or respond to communications of members of the public on public issues. [18] See also Smith v.
Constitutional avoidance is a legal doctrine of judicial review in United States constitutional law that dictates that United States federal courts should refuse to rule on a constitutional issue if the case can be resolved without involving constitutionality.
The right to resist, depending on how it is defined, can take the form of civil disobedience or armed resistance against a tyrannical government or foreign occupation; whether it also extends to non-tyrannical governments is disputed. [3]
The First Amendment (Amendment I) to the United States Constitution prevents Congress from making laws respecting an establishment of religion; prohibiting the free exercise of religion; or abridging the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances.
Substantive due process is a principle in United States constitutional law that allows courts to establish and protect substantive laws and certain fundamental rights from government interference, even if they are unenumerated elsewhere in the U.S. Constitution.
John Yoo, a Berkeley Law professor who was a top Justice Department official in the George W. Bush administration, called Trump’s executive order "highly symbolic" but said it surprised him ...
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important ...
In the United States, the concept of government interest arises especially when certain constitutional issues are before a court of law.Under US constitutional jurisprudence, arising from US Supreme Court decisions, the courts weigh the government's interest in a particular subject matter against the impact of restrictions being imposed on the individuals' rights and interests.