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Constitutional Study Guide

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Gunnar Tijerina

on 6 December 2012

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Transcript of Constitutional Study Guide

Constitutional Study Guide By Gunnar Tijerina
Mostafa Naghshbandi
Rahman Naghshbandi Amendments 1,2,4-6,8,9
Defined by Mostafa N. Amendments 10 & 12 Amendments 14 & 15 Amendment 16 Amendments 1&2 Amendment 6&7 Amendments 4&5 Amendment 9 Amendment 22 & 24 Amendment 25 & 26 Amendment 3&17 Amendments 17, 22, 24-26, 3
defined by Gunnar T. Amendment 22 Amendment 3 Amendment 25 The People of the US have certain rights retained to them that shall not be taken away by any amendments to the constitution. These rights are forever imposed Amendment 6 Amendment 4 1st Amendment Tenth Amendment ofthe United States Constitution
The Tenth Amendment (Amendment X) to the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791.[1] The Tenth Amendment states the Constitution's principle of federalism by providing that powers not granted to the federal government by the Constitution, nor prohibited to the States, are reserved to the States or the people
Key cases- The Tenth Amendment was used to challenge New Deal legislation in United States v. Darby Lumber Co., (1941), when Darby Lumber sought to have the federal Fair Labor Standards Act of 1938 declared unconstitutional on the grounds that the federal government wasn't authorized to regulate companies that operated entirely within a State's borders (i.e., intrastate). The Supreme Court unanimously held the (Interstate) Commerce Clause allowed Congress to regulate all labor to prevent unfair trade practices between the states. This decision overturned earlier precedents that permitted the states more leeway to regulate commerce and labor.
Since that time, the Supreme Court has only upheld two Tenth Amendment challenges against the federal government, in New York v. United States, (1992), involving an unfunded mandate; and again in Printz v. United States, (1997), overturning the Brady Handgun Violence Prevention Act on the grounds that it unconstitutionally required state officials to enforce a federal program. The Second Amendment had not yet been incorporated to the states in 1997.
The Tenth Amendment has previously been held non-justiciable, but that hasn't stopped litigants from citing the vague wording to support arguments favoring State sovereignty over federal authority. Tenth Amendment proponents believe the Constitution only grants the national government authority that is explicitly enumerated in the Constitution, and believe "implied powers" are unconstitutional.
In the 2010 Term, the Supreme Court heard arguments in the case United States v. Bond, 09-1227, in which the respondent argued the Federal government had exceeded its authority by charging her in federal court with a crime under 18 U.S.C. § 229(a), a law "enacted by Congress to implement the United States' treaty obligations under an international arms-control agreement that prohibits nation-states from producing, stockpiling, or using chemical weapons..." after she attempted to poison her husband's pregnant lover. Bond believed the case should have been tried in the State courts and challenged the United States' authority to remove her case to federal court. The Supreme Court is expected to make a decision before the end of June 2011.
The health care legislation often referred to as "Obamacare" (Patient Protection and Affordable Care Act of 2010) is also expected to face a Tenth Amendment challenge. Fourteenth Amendment to the United States Constitution
Its Due Process Clause prohibits state and local governments from depriving persons of life, liberty, or property without certain steps being taken to ensure fairness. This clause has been used to make most of the Bill of Rights applicable to the states, as well as to recognize substantive and procedural rights.
Its Equal Protection Clause requires each state to provide equal protection under the law to all people within its jurisdiction. This clause was the basis for Brown v. Board of Education (1954), the Supreme Court decision which precipitated the dismantling of racial segregation in United States education. In Reed v. Reed (1971), the Supreme Court ruled that laws arbitrarily requiring sex discrimination violated the Equal Protection Clause
Key cases- Dred Scott v. Sandford, 60 U.S. 393 (1857), also known as the Dred Scott Decision, was a landmark decision by the U.S. Supreme Court. It held that the federal government had no power to regulate slavery in the territories, and that people of African descent (both slave and free) were not protected by the Constitution and were not U.S. citizens Since passage of the 14th Amendment to the U.S. Constitution, the decision has not been a precedent case, but retains historical significance as perhaps the worst decision ever made by the Supreme Court.
Sixteenth Amendment to the United States Constitution
The Sixteenth Amendment (Amendment XVI) to the United States Constitution allows the Congress to levy an income tax without apportioning it among the states or basing it on Census results. This amendment exempted income taxes from the constitutional requirements regarding direct taxes, after income taxes on rents, dividends, and interest were ruled to be direct taxes in Pollock v. Farmers' Loan & Trust Co. (1895). It was ratified on February 3, 1913.

Key cases- Pollock v. Farmers' Loan & Trust Company, 157 U.S. 429 (1895), aff'd on reh'g, 158 U.S. 601 (1895), with a ruling of 5–4, was a landmark case in which the Supreme Court of the United States ruled that the unapportioned income taxes on interest, dividends and rents imposed by the Income Tax Act of 1894 were, in effect, direct taxes, and were unconstitutional because they violated the provision that direct taxes be apportioned. The decision was superseded in 1913 by the Sixteenth Amendment to the United States Constitution. A separate holding regarding the taxation of interest income on certain bonds was overruled by the Supreme Court in 1988 in the case of South Carolina v. Baker. 2nd Amendment The government of the United States cannot in anyway support an institution of religion by any means & any person from practicing their own as long as it does affect the rights of any other. The government must protect the freedom of speech for every citizen. The freedom of the press must be upheld & the people have the right to peacefully assemble & protest any decision or institution including the government.
Key Court case: Schenck v. United States (1919)
Established that freedom of speech will be protected unless what is said will create a clear and present danger to people involved in which the Congress must prevent. The people of the United States have the right to hold a militia to have the security of a free country & that the people have the right to bear arms in more specifies own gun, knives, etc.. But not allowed to own or deal in military grade weaponry . They have the right to protect themselves & there family in accordance to the law.
Key Court Cases: Burton v. Sills
With fears of people taken up arms & standby revolution the states and government ruled that militia would mean the national guard units of each state. Citizens of the United States have the right to be secure & safe in their homes & that their property shall in part belong to them and under no circumstance may the government cease or search any property of a citizen unless they have obtained a warrant with probable cause & sufficient evidence to prove that person committed a crime or broken a law. After obtaining a warrant only what is listed may be searched or else it is punishable by the full extent of the law
Key Court Cases: Mapp v Ohio
Before the 4th Amendment was only applied to to federal government after this case it was applied to states as well. Amendment 5 No citizen shall be held to answer for a capital or infamous crime without indictment of a grand jury except in the military or time of war. Nor shall any person be put into double jeopardy for a crime and in any case no person shall put as a witness against himself , nor be stripped of life, liberty, & property without due process of law nor shall private property be taken for public use without just compensation.
Key Court Cases: Hiibel v.s Sixth supical district court of Nevada
It decided that law that require a person to disclose his identity to a police officer does not violate the 5th amendment. If officers have reasonable suspicion of a possible crime he can ask the person for his identification. The accused in criminal proceedings has the right to a public and speedy trail by a impartial jury of his/her peers in the area where the crime was committed. He or she shall be informed of nature and charge and accusations against him or her. They shall see their accuser and can have witnesses arranged in his power and to be able to have a lawyer to defend him.
Key Court Cases: Smith v Illinois
Addressed the issue that undercover police officers should use evidence obtained from the defendant in a charge of selling drugs. The defendant pleaded 6th amendment confirmation clause and was grant by a jury disclosure that evidence stating the right to cross execute a witness is absolute. Amendment 7 People who are imprisoned have the right to reasonable bail meaning the amount fit the crime that was committed. The same thing goes with fines that should be in the limits of the crime committed . People imprisoned shall have punishments that are not cruel and unusual.
Key Court Cases: US v. Bakakajn
Mr. Bakakajn left the country with $300,000 but did not report in which subsequently was ordered to give up the whole amount. Supreme court however ruled that fines were excessive for the crime committed. Troops cannot be quartered (housed) on private property at all during peace time and only when prescribed during wartime.
Key Court Cases: Engblom v. Carey
Correction officers were on strike in New York and were stripped of their employee housing. The national guard was housed in the employee housing during the strike. Supreme Court ruled that the 3rd amendment does not apply because it's on prison ground and they do not own the houses. Amendment 17 Two senators from each state are to be elected by the peoples, When vacancies happen the executive can choose a temporary senator until the spot is filled by the peoples. Senators serve 6 years and have one vote. A president may serve only 2 terms. Anyone who has served as president for 2 or more years of the term may only run for one more term unless they have been president for a term already. Amendment 24 No one shall be disqualified to vote for a President or VP or a representative and senator in Congress because they could not pay a poll tax. Also gives congress the power to enforce this.
Key Court Case: Harper v. Virginia State Board of Elections
The 14th amendment made it so that the 24th amendment also applied to state elections. Thus Virginia could not have a poll tax and qualifications of a voter have no relation to wealth. Amendment 26 In the case of death or resignation of a president, the vice president becomes president. When the VP seat is vacant, the president will nominate a VP and must be approved by a majority vote in both houses of Congress. Also has guide lines for congress when a president has disabilities and gives his powers to the VP, and reserve where there is proof of no more disability the president can resume his powers. Citizens above or at the age of 18 may vote. Congress has the power to enforce this with appropriate legislation. The Goodies The Elastic Clause and Supremacy Clause To make all laws that are necessary and proper.
Key Court Cases: National Federation of Independent Business v.Sebelius
The Supreme Court ruled that the Patient Protection and Affordable Care Act cannot be upheld up By the Elastic clause. Even if this mandate is necessary the expansion of power it brings is not proper for making the reforms effective. Says that the Constitution is the Supreme law of the land. All judges are bound to this clause.
Key Court Cases: Crosby v. National Foreign Trade Council
The supreme court found that even if a State law does not directly affect a federal law, the supreme court can still deem it unconstitutional. It is unconstitutional becuase the "state law is an obstacle to the accomplishment and execution of Congress's full purposes and objectives" Commerce Clause and Advise and Consent Congress has the power to regulate commerce between states, foreign countries and indian tribes.
Key Court Cases: Gonzales v. Raich
The supreme court ruled that under the Commerce Clause congress has the power to regulate intrastate commerce only when if it is not regulated that it will do damage to interstate commerce. The President has shared powers with the senate. To make treaties with the advise and consent (2/3 vote) of senate, along with giving seats to cabinet secretaries, federal judges and ambassadors the senate must give their consent. Full Faith and Credit Clause and Establishment Clause States must respect all contracts, public arts, records and judicial proceedings from other states.
Key Court Cases: Pacific Employers Company v. Industrial Accident Commission.
States that there is a limitation to which full faith and credit can be enforced when it conflicts with another state's law. Congress cannot establish a national religion and may not have preference of one religion over the other.
Key Court Cases: Lemon v. Kurtzmon
Supreme ruled that government may not excessively entangle itself in religion and the of purchasing land from religious schools and the state paying for a percentage of religious school's teacher's salaries would excessively entangle government into religion. Amendments 10, 12, 14, 15, 16
Defined by Rahman N. Twelfth Amendment to the United States Constitution
The Twelfth Amendment (Amendment XII) to the United States Constitution provides the procedure for electing the President and Vice President. It replaced Article II, Section 1, Clause 3, which provided the original procedure by which the Electoral College functioned. Problems with the original procedure arose in the elections of 1796 and 1800. The Twelfth Amendment was proposed by the Congress on December 9, 1803, and was ratified by the required number of state legislatures on June 15, 1804.
Key cases- Jones v. Bush, 122 F. Supp 2d. 713
It has to do with the Habitation Clause. "No elector may cast votes for Presidential and Vice Presidential candidates who both inhabit the same state as that elector (Habitation Clause)." It took place during the 2000 election when several Texans didn't want the state's votes to go to Bush, and they realized that both Bush and Cheney lived in Texas.
Harriet Myers successfully argued this case in District Court; it was not appealed
Fifteenth Amendment to the United States Constitution
The Fifteenth Amendment (Amendment XV) to the United States Constitution prohibits each government in the United States from denying a citizen the right to vote based on that citizen's "race, color,
or previous condition of servitude" (for example, slavery). It was ratified on February 3, 1870.
The Fifteenth Amendment is one of the Reconstruction Amendments.
Key cases- Harper v. Virginia Board of Elections, 383 U.S. 663 (1966), was a case in which the U.S. Supreme Court
found that Virginia's poll tax was unconstitutional under the equal protection clause of the 14th Amendment. The Twenty-fourth Amendment to the United States Constitution prohibited poll taxes in federal elections; the Supreme Court extended this prohibition to state elections.
Defined by Gunnar Tijerina Amendment 19 The right to vote cannot be taken away regardless of the sex of the person.
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