Tag: EX
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Express Constitutional Restrictions on Congress
Express Constitutional Restrictions on CongressCongress.-"[T]he Constitution is filled with provisions that grant Congress or the States specific power to legislate in certain areas; these granted powers are always subject to the limitations that they may not be exercised in a way that …
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Extra-Constitutional Tests
Exclusion of Extra-Constitutional TestsAnother maxim of constitutional interpretation is that courts are concerned only with the constitutionality of legislation and not with its motives, policy, or wisdom,1 or with its concurrence with natural justi…
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Exercise of Judicial Review
Limitations on the Exercise of Judicial Review ConclusionThe common denominator of all these maxims of prudence is the concept of judicial restraint. "We do not sit," said Justice Frankfurter, "like a kadi under a tree dispensing justice according to considerations of individual exped…
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Ex parte Garland
Effects of a Pardon: Ex parte GarlandThe leading case on this subject is Ex parte Garland,1 which was decided shortly after the Civil War. By an act passed in 1865, Congress had prescribed that, before any person should be permitted to practice in a …
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Executive Agreements
The Domestic Obligation of Executive AgreementsWhen the President enters into an executive agreement, what sort of obligation does it impose on the United States? That it may impose international obligations of potentially serious consequences is obvious and that such obligations may linger for long…
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Executive International Agreements
Executive Agreements by Authorization of CongressCongress early authorized officers of the executive branch to enter into negotiations and to conclude agreements with foreign governments, authorizing the borrowing of money from foreign countries 1 an…
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Expatriation
Expatriation: Loss of CitizenshipThe history of the right of expatriation, voluntarily on the part of the citizen or involuntarily under duress of statute, is shadowy in United States constitutional law. Justice Story, in the course of an opinion,1 a…
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Ex Post Facto Clause
Ex Post Facto Laws: Changes in ProcedureAn accused person does not have a right to be tried in all respects in accordance with the law in force when the crime charged was committed.1 Laws shifting the place of trial from one county to another,<a name…
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Ex Post Facto Laws
Clause 3. Bills of Attainder and Ex Post Facto LawsNo Bill of Attainder or ex post facto Law shall be passed….
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Ex Post Facto Laws and Punishment
What Constitutes PunishmentThe issue of whether a law is civil or punitive in nature is essentially the same for ex post facto and for double jeopardy analysis.1 "A court must ascertain whether the legislature intended the statute to establish c…