Can You Lose American Citizenship? I. Introduction American citizenship is often considered one of the most secure legal statuses in the world, conferring powerful rights such as the right to reside and work in the United States, access to protection by the U.S. government, and the right to participate in Read more…
Undue Burden: A Constitutional Standard in Legal Doctrine I. Introduction The concept of undue burden is a pivotal standard in constitutional law, especially in cases that involve fundamental rights. It acts as a mediating test that enables courts to determine whether a legislative or administrative measure excessively infringes upon constitutionally Read more…
Personal Union as a Type of Monarchy: An Essay on Sovereignty, Dynasticism, and Political Flexibility I. Introduction: Monarchy and the Diversity of Political Forms Monarchy, as one of the most ancient forms of government, has evolved in various ways throughout history. While most commonly associated with a single ruler governing Read more…
Padilla v. Kentucky at 15: How Effective Is the ‘Affirmative Misadvice’ Standard? I. Introduction Fifteen years after the landmark decision in Padilla v. Kentucky, 559 U.S. 356 (2010), the legacy of the Supreme Court’s attempt to constitutionalize immigration advice within the ambit of the Sixth Amendment remains a subject of Read more…
The Public Use Clause: From Kelo to Affordable Housing BattlesWhen “Economic Development” Justifies Condemnation I. Introduction: The Elasticity of “Public Use” The Fifth Amendment of the United States Constitution, ratified in 1791 as part of the Bill of Rights, solemnly asserts that “private property [shall not] be taken for public Read more…
USA PATRIOT Act (2001): Mass Surveillance vs. Fourth Amendment Tensions I. Introduction The USA PATRIOT Act, formally titled the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, was enacted swiftly in the aftermath of the September 11 terrorist attacks. Heralded as Read more…
The Nondelegation Doctrine: From Schechter Poultry to the Modern Administrative StateExamining the Constitutional Limits on Congress’s Ability to Delegate Legislative Power I. Introduction At the heart of the American constitutional structure lies the principle of separation of powers: legislative, executive, and judicial powers are allocated among distinct branches of government. Read more…
Freedom of Speech as a Legal Term: A Juridical Exploration Freedom of speech is one of the most venerated principles in democratic legal systems. It serves not only as a foundational pillar of civil liberties but also as a mechanism for safeguarding truth, democratic accountability, and individual autonomy. Yet, as Read more…
The Vote of No Confidence: A Mechanism of Democratic Accountability A vote of no confidence is a fundamental mechanism within parliamentary systems that allows legislators to remove a government or specific officials deemed unfit to govern. It serves as a crucial tool for maintaining democratic accountability, ensuring that executive power Read more…