press, n. 1. The news media; print and broadcast news organizations collectively. [Cases: Constitutional Law 90(2). C.J.S. Constitutional Law § 539.] “The Constitution specifically selected the press, which includes not only newspapers, books, and magazines, but also humble leaflets and circulars, to play an important role in the discussion of public affairs.” Mills v. Alabama, […]
solemn occasion. In some states, the serious and unusual circumstance in which the supreme court is constitutionally permitted to render advisory opinions to the remaining branches of government, as when the legislature doubts the legality of proposed legislation and a determination must be made to allow the legislature to exercise its functions. • Some factors
legitimacy. 1. Lawfulness. 2. The status of a person who is born within a lawful marriage or who acquires that status by later action of the parents; legal kinship between a child and its parent or parents. Cf. ILLEGITIMACY. [Cases: Children Out-of-Wedlock 1. C.J.S. Children Out-of-Wedlock §§ 2–11.] “In this age of equality, the question
judicial power. 1. The authority vested in courts and judges to hear and decide cases and to make binding judgments on them; the power to construe and apply the law when controversies arise over what has been done or not done under it. • Under federal law, this power is vested in the U.S. Supreme
Miranda rule. The doctrine that a criminal suspect in police custody must be informed of certain constitutional rights before being interrogated. • The suspect must be advised of the right to remain silent, the right to have an attorney present during questioning, and the right to have an attorney appointed if the suspect cannot afford
equal protection. The 14th Amendment guarantee that the government must treat a person or class of persons the same as it treats other persons or classes in like circumstances. • In today’s constitutional jurisprudence, equal protection means that legislation that discriminates must have a rational basis for doing so. And if the legislation affects a
case-or-controversy requirement. The constitutional requirement that, for a federal court to hear a case, the case must involve an actual dispute. See CONTROVERSY(3); advisory opinion under OPINION(1). [Cases: Federal Courts 12.] “The courts of the United States do not sit to decide questions of law presented in a vacuum, but only such questions as arise
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plebiscite (pleb-[schwa]-sIt orpleb-[schwa]-sit), n. 1. A binding or nonbinding referendum on a proposed law, constitutional amendment, or significant public issue. 2. Int’l law. A direct vote of a country’s electorate to decide a question of public importance, such as union with another country or a proposed change to the constitution. — plebiscitary (pl[schwa]-bi-s[schwa]-ter-ee), adj.
clear-and-present-danger test. Constitutional law. The doctrine allowing the government to restrict the First Amendment freedoms of speech and press if necessary to prevent immediate and severe danger to interests that the government may lawfully protect. • This test was formulated by Justice Oliver Wendell Holmes in Schenck v. United States, 249 U.S. 47, 39 S.Ct.
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stop and frisk, n. A police officer’s brief detention, questioning, and search of a person for a concealed weapon when the officer reasonably suspects that the person has committed or is about to commit a crime. • The stop and frisk, which can be conducted without a warrant or probable cause, was held constitutional by