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 »
The phrase “Equal Protection Under the Law” is carved into the very fabric of American civil rights. It stands as a shield against unfair government discrimination, ensuring that the state cannot arbitrarily single out one group of people for harsher treatment or special privileges while leaving others behind. Yet, despite being one of the most… Read more »
