Tsvety LL.M.

Constitutional Remedies: What Happens When Government Violates the Constitution? When government violates the Constitution, the legal system can provide several different remedies depending on the nature of the violation, the government actor involved, the right that was violated, and the circumstances of the case. Constitutional remedies can include invalidating or Read more

Constitutional Privacy and the Right to Be Left Alone: Privacy, Liberty, and the Limits of Government Power Constitutional privacy is the principle that government cannot intrude upon certain aspects of an individual’s life without sufficient constitutional justification. Although the U.S. Constitution does not contain a single provision stating “the right Read more

Freedom of Religion and the Constitution: Religious Liberty, the First Amendment, and the Limits of Government Power Freedom of religion is the constitutional principle that government may not establish an official religion or prohibit individuals from freely practicing their religion. In the United States, this protection is principally expressed through Read more

Fundamental Rights and Constitutional Limitations: How Constitutional Rights Are Protected and Restricted Fundamental rights are among the most important protections in a constitutional legal system. They safeguard individual liberty, equality, dignity, participation in public life, and other interests considered sufficiently important to receive heightened constitutional protection. But fundamental rights are Read more

Constitutional Rights vs. Statutory Rights: What Is the Difference? Constitutional rights and statutory rights are both legally enforceable rights, but they do not have the same source, status, or protection. A constitutional right derives from a constitution—such as the United States Constitution—and therefore operates at the highest level of the Read more

Equal Protection and Constitutional Equality: How the Constitution Limits Discrimination by Government Equal protection is the constitutional principle that government must not arbitrarily treat similarly situated people differently under the law. In the United States, the central constitutional source is the Equal Protection Clause of the Fourteenth Amendment, which provides Read more

Due Process of Law: Procedural and Substantive Due Process Government does not have unlimited freedom to deprive people of their life, liberty, or property. Under the U.S. Constitution, due process of law places important limits on governmental action. The Due Process Clauses of the Fifth and Fourteenth Amendments establish a Read more

Constitutional Limits on Government Power Government exists to exercise public authority, but constitutional government is based on a fundamental proposition: government power is not unlimited. A constitution does more than create governmental institutions and give them authority. It also establishes boundaries that those institutions cannot lawfully cross. These boundaries are Read more

Enumerated, Implied, and Inherent Government Powers Government cannot exercise unlimited power simply because a particular action appears useful, necessary, or politically desirable. In a constitutional system, the more fundamental question is where the government’s authority comes from. Government powers can generally be understood through three important categories: enumerated powers, implied Read more