Many California property owners think of constitutional rights in broad terms. These protections can involve property rights, due process, and limits on government power. However, two constitutional frameworks may apply to these issues: the United States Constitution and the California Constitution. In many situations, the California Constitution provides broader protections. That distinction is not merely… Read more »
Government authority in the United States is not unlimited. The federal government operates within the powers the Constitution grants to it. State governments exercise broad authority, but they operate within both the federal Constitution and their own state constitutions. Local governments in California exercise only the authority state law grants to them. That structure of… Read more »
When a government official violates your constitutional rights, the harm is not necessarily addressed through the criminal system. Federal civil rights law provides a separate mechanism: a civil lawsuit filed directly against the government actor responsible. That mechanism is codified at 42 U.S.C. § 1983. Section 1983 is not a law that creates constitutional rights…. Read more »
How Courts Balance Government Interests Against Protected Civil Rights When a citizen, property owner, or business sues the government over a civil rights violation, the outcome rarely depends on a simple reading of the law. Instead, it is decided by a silent framework operating behind the scenes: judicial scrutiny. In both federal and California state… Read more »
