Constitutional Law Final

West v. Barnes

Writ of error, denied over time period. Procedural case, showed that doing/filing things in a timely manner is necessary for lawyers.

Hylton v. United States

Congress' tax on carriages challenged by Hylton who said it was a direct tax and thus a violation of the Constitution. Tax determined to be indirect, this Hylton had to pay since Congress has a general power to collect taxes.

Chisholm v. Georgia

Can citizen sue State Governments? Yes, they can be and States should be held to the same standards as their people. Article 3 of Constitution.

United States v. Peters

James Yard, whose ship was taken at sea by a member of the French Republic. Yard claimed he lied and wasn't a member, and wanted his ship back. Libel filed. Court agreed with Davis, saying he was a member of the French Republic. Did U.S. have jurisdiction to hear a case about a foreign ship? Case needed to be heard within that tribunal.

Fletcher v. Peck

Peck sold land to Fletcher, but the land was given to Gunn under state law under a contract that was repealed. Fletcher said Peck had no right to sell him that land. Justices sided with Fletcher, saying the land was legally Gunn's despite the law being repealed. Shows that even when a law disappears, the contract stays in place.

United States v. Darby

Lumber company indicted for violating the Fair Labor Standards Act of 1938. Was Darby in compliance with this act and should his activities be regulated by Congress? Commerce Clause (interstate commerce). Court said Act was constitutional since the Commerce Clause allowed government to regulate work standards related to interstate commerce. Since Darby sold lumber throughout many states, this applied to him.

McCulloch v. Maryland

National Bank. Maryland wanted to tax them, McCulloch refused to pau. Can Congress create a bank and can states tax them? Necessary and Proper clause. Supremacy Clause. Court agreed the government could make a bank and that this was an implied power and was not to be taxed.

United States v. Amistad

Schooner from Cuba with enslaved people. Seized by U.S. and enslaved argued they were kidnapped. Treaty with Spain. Court agreed the Africans could be free and that kidnapping and slave trade was illegal.

Hammer v. Dagenhart

Dagenhart, father of 2 boys under 16yo, wanted to allow interstate commerce at his cotton mill where his sons worked more than allowed. Can Congress regulate commerce from a factory where children are working without adhering to child labor laws? Yes. Interstate commerce cannot be stopped because the products come from unfair child labor. States cannot regulate commerce across state lines. Determined Keating Owen Act was unconstitutional.

Gibbons v. Ogden (1824, Marshall)

Power to regulate NY waters given to a monopoly. Ogden argued monopoly should regulate commerce, but Gibbons argued Congress should control interstate commerce. Can NY pass laws granting jurisdiction of waters and would this make certain Constitutional rights void? Court said monopoly was illegal and the power to regulate commerce was with Congress, not the States.

NLRB v. Jones

Jones' company did not follow the National Labor Relations Act with commerce practices. Employees were discharged for joining the union. Commerce Clause, and does Jones need to change practices? Court agreed Jones was violating rights and was subject to regulations under the Commerce Clause since his labor practices lead to the obstruction of commerce.

United States v. Lopez

12th Grade student brought a gun to school, charged and jailed for violating Gun-Free School Zones Act of 1990. Was this act Constitutional and could Congress regulate possession under the commerce clause? Act was ruled unconstitutional and beyond the powers of Congress, and stricken down. No rational basis between gun-related school violence and interstate commerce.

A.L.A. Schechter Poultry Corp. v. United States

The National Industrial Recovery Act allowed the President to control the development of rules for businesses and groups. Poultry Corp. was indicted for failing to adhere to these codes. They argued the rule granting the President this power was unconstitutional since it involved intrastate commerce and was an overstretch of the President's power. The Supreme Court agreed with Poultry Corp. saying the NIRA was an unconstitutional delegation by Congress of legislative power, and Congress did not have authority to regulate intrastate commerce, and it violated Due Process Clause of 5th Amendment.

Immigration and Naturalization Service v. Chadha

Chadha, an immigrant on a student visa, stayed past his allowed time and the Attorney General citing the Immigration and Nationality Act allowed this, but the HOR voted to deport him. Chadha argued this was unconstitutional. The Supreme Court determined the one-house-veto part of the act was unconstitutional, and Chadha was allowed to stay in the U.S.

Lujan v. Defenders of Wildlife

Environmental groups challenged the Secretary of the Interior's Endangered Species Act that only protected endangered species from U.S. and high seas-based projects. They argued the act should include federally funded projects anywhere in the world in case they want to visit those places later in life. Did they have standing to sue? The Court found that they lacked standing and sided with the Secretary of the Interior due to purely speculative injuries.

Baker v. Carr

Voters in Tennessee claimed apportionment rules were unconstitutional and deprived them of equal protection since votes did not represent population numbers. The Supreme Court found the issue justiciable, and rules they could rule on legislative reapportionment issues. Guaranty clause was not applicable, since you can have a political question that still involves a constitutional right being violated and when this happens the court looks at the violation rather than the political question.

Abrams v. United States

Abrams and other immigrants were convicted of conspiring to violate the Espionage Act by publishing pamphlets disloyal to the government. They argued their conviction was unlawful since it violated their 1st amendment rights, and the Espionage Act was also unconstitutional for that reason. The Court sided against the immigrants, and argued that during wartime the 1st amendment provisions were lessened, and the immigrants endangered the country with their actions.

Brandenburg v. Ohio

Brandenburg, leader of KKK group, was convicted of violating the Ohio Criminal Syndicalism Act for advocating terrorism and gathering for this. Was their speech and assembly a violation of the act, and was the group simply advocating or producing lawless action? The Justices sided with Brandenburg, stating that the Ohio law violated free speech and punishing advocacy of an action violated the 1st and 14th amendments.

Constitution Article I

Legislative Branch - the U.S. Congress makes the laws for the U.S.. Congress has two parts, called "Houses," the House of Representatives and the Senate

Constitution Article II

Executive Branch - The President, Vice-President, Cabinet, and Departments under the Cabinet Secretaries carry out the laws made by Congress

Constitution Article III

Judicial Branch - the Supreme Court decides court cases according to the U.S. Constitution. The courts under the Supreme Court decide criminal and civil court cases according to the federal, state, and local laws

Constitution Article IV

State's Powers - States have the power to make and carry out their own laws. State laws that are related to the people and problems of their area. States respect other states laws and work together with other states to fix regional problems.

Constitution Article V

Amendments - The Constitution can be changed. New amendments can be added to the U.S. Constitution with the approval by a 2/3 vote in each house of Congress and 3/4 vote by the states.

Constitution Article VI

Federal Powers - The Constitution and federal laws are higher than state and local laws. All laws must agree with the U.S. Constitution

Constitution Article VII

Ratification - The Constitution was presented to George Washington and the men at the Constitutional Convention on September 17th, 1787. Representatives from 12/13 original states signed the Constitution. From September 1787 to July 1788, the states meet, talked about, and finally voted to approve the Constitution.

1st Amendment

Provides the rights to protections: to express ideas through free speech and the press, to assemble or gather with a group to protest or for other reasons, and to ask the government to fix problems. It also protects the right to religious beliefs and practices. Prevents the government from creating or favoring a religion.

2nd Amendment

Protects the right to keep and bear arms.

3rd Amendment

Prevents the government from forcing homeowners to allow soldiers to use their home; prevents forced quartering of soldiers.

4th Amendment

Bars the government from unreasonable search and seizure of an individual or their private property

5th Amendment

Provides several protections for people accused of crimes. Serious criminal charges must be started by a grand jury. A person cannot be tried twice for the same offense (double jeopardy) or have property taken away without just compensation. People have the right against self-incrimination and cannot be imprisoned without due process of law (fair procedures and trials)

6th Amendment

Provides additional protections to people accused of crimes, such as the right to a speedy and public trial, trial by an impartial jury in criminal cases, and to be informed of criminal charges. Witnesses must face the accused, and the accused is allowed their own witnesses and to be represented by a lawyer.

7th Amendment

Extends the right to a jury trial in Federal civil cases.

8th Amendment

Bars excessive bail and fines and cruel and unusual punishment.

9th Amendment

Listing specific rights in the Constitution does not mean that people do not have other rights that have not been spelled out.

10th Amendment

The federal government only has those powers delegated in the Constitution. If it isn't listed, it belongs to the states or the people.

11th Amendment

Defines the original jurisdiction of the Supreme Court concerning a suit brought against a state by a citizen of another state.

12th Amendment

Redefines how the President and Vice-President are chosen by the Electoral College, making the two positions cooperative, rather than 1st and 2nd highest vote-getters. It also ensures anyone who becomes Vice President must be eligible to become President.

13th Amendment

Abolished slavery in the U.S.

14th Amendment

Ensures all citizens of all states have rights on both the federal and state levels. Removes 3/5 counting of slaves in the census. Ensures U.S. won't pay debts of rebellious states. Due Process.

15th Amendment

Ensures race cannot be used as criteria for voting.

16th Amendment

Authorizes the U.S. to collect income tax without regard to the population of the states.

17th Amendment

Shifted the choosing of Senators from the state legislatures to the people of the states.

18th Amendment

Abolished the sale or manufacture of alcohol in the U.S.; later repealed

19th Amendment

Ensures gender cannot be used as criteria for voting. Allowed women the right to vote.

20th Amendment

Set new start dates for the terms of the Congress and the President, and clarifies how the deaths of Presidents before swearing-in would be handled.

Subject Matter Jurisdiction

Gives the court power to hear and decide specific types of cases. The authority of power each court has over certain types of legal disagreements.

Standing

the qualifications needed to bring or participate in a case. To have standing to sue, plaintiffs must demonstrate the existence of a controversy in which they personally have suffered or are about to suffer an injury or infringement of a legally protected right

Justiciability

the question of whether a matter is appropriate for a judicial decision. A justiciable issue is one that appropriately can be decided by a court

Guaranty Clause

Article IV Section 4 of Constitution - typically viewed as a nonjusticiable political question. Gives a republican form of government, protection from foreign invasion and domestic violence to the states.

Issue Out of the Purview of the Court

The issue is outside of the court's authority or responsibility.

Political Question

an issue that the court believes should be decided by a nonjudicial unit of government

Due Process 5th Amendment

Protects people from being deprived of life, liberty, or property without due process of law. Applies only against the federal government.

Due Process 14th Amendment

Protects people from being deprived of life, liberty, or property without due process of law. Protection from the states as well as the federal government.

Article IV Section II of the Constitution's Relation to Amendment XIII

Both relate to the movement of people and slavery. 13th Amendment abolished slavery. Article IV Section 2 of the Constitution establishes rules for when a criminal flees to another state and how to return them, and gives slave owners the right to recapture runaway slaves; includes the Fugitive Slave Clause which states a person held to service or labor in one state cannot be discharged from that service or labor if they escape to another state.

Textualism (Constitutional Interpretation)

Mode of legal interpretation that focuses on the plain meaning of the text of a legal document. Emphasizes how the terms in the Constitution would be understood by people at the time they were ratified, as well as the context in which those terms appear. Concern with the plain meaning of the text in the Constitution. Wary of the Court acting to refine or revise constitutional texts.

Original Meaning (Constitutional Interpretation)

Considers the meaning of the Constitution as understood by at least some segment of the populace at the time of the Founding. The Constitution's text had an "objectively identifiable" o public meaning at the time of the Founding that hasn't changed over time, and the task of the Justices is to construct this original meaning.

Judicial Precedent (Constitutional Interpretation)

Most commonly cited source of constitutional meaning is the Supreme Court's prior decisions on questions of constitutional law. Judicial precedent provides possible principles, rules, or standards to govern judicial decisions in future cases with arguably similar facts.

Pragmatism (Constitutional Interpretation)

Consider the likely practical consequences of particular interpretations of the Constitution. Involves the Court weighing or balancing the probable practical consequences of one interpretation of the Constitution against other interpretation.

Moral Reasoning (Constitutional Interpretation)

Based on moral or ethical reasoning, "ethos of the law". Some constitutional text employs or makes reference to terms that are infused with (and informed by) certain moral concepts or ideals, such as "equal protection" or "due process of law". Moral or ethical arguments based on the text often pertain to the limits of government authority over the individual.

National Identity or "National Ethos" (Constitutional Interpretation)

Relies on the concept of "national ethos". National ethos is the unique character of American institutions, the American people's distinct national identity, and the "role within [the nation's public institutions] of the American people"

Structuralism (Constitutional Interpretation)

One of the most common modes of constitutional interpretation, based on the structure of the Constitution. Drawing inferences from the design of the Constitution gives rise to some of the most important relationships that everyone agrees the Constitution establishes: relationship among the 3 branches of federal government, relationship between federal and state governments, and the relationship between the government and the people.

Historical Practices (Constitutional Interpretation)

Prior decisions of the political branches, particularly their long-established, historical practices, are an important source of constitutional meaning to many judges, academics, and lawyers. Courts have viewed historical practices as a source of the Constitution's meaning in cases involving questions about the separation of powers, federalism, and individual rights, particularly when the text provides no clear answer.

FLSA (Fair Labor Standards Act)

A federal law that sets minimum wage, overtime pay, recordkeeping, and child labor standards for private sector and government employees.

Taft Hartley Act

A federal law that limits the power of labor unions. Changed unfair labor practices, closed shop rules, union obligations, the NLRB, right-to-work laws, and the President's power. Established a new legal environment that was less favorable to unions.

Keating Owen Act

1916. The first federal law to regulate child labor in the U.S.. Purpose to limit the hours children could work and prohibited the sale of goods produced by child labor across state lines. Ruled unconstitutional in 1918, but later reversed in 1941 U.S. v. Darby. Interstate Commerce.

Commerce Clause

Article 1 Section 8 Clause 3 - gives Congress the power to regulate commerce with foreign nations, among states, and with the Indian tribes. Gives Congress the broad power to regulate interstate commerce and restricts states from impairing interstate commerce.

Equal Protection Clause (14th Amendment)

In the 5th and 14th Amendments Due Process Clauses - a governmental body may not deny people equal protection of its governing laws, the governing body state must treat an individual in the same manner as others in similar conditions and circumstances

Full Faith and Credit Clause

Article IV Section 1 - state courts must respect the laws and judgments of courts from other states. Ensures people cannot go to different states seeking a more favorable judgment

Necessary and Proper Clause

Article I Section 8 Clause 26 - Congress has the power to make all laws that are necessary and proper for carrying into execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the U.S., or in any Department or Officer thereof

Search and Seizure Clause

4th and 14th Amendments - any search of a person or their premises, and any seizure of tangible evidence, must be reasonable

Supremacy Clause

Article VI Section 1 Clause 2 - The Constitution, and laws of U.S. made in Pursuance thereof; and all treaties made under U.S. authority, shall be the supreme Law of the Land; and the Judges in every States shall be bound thereby, any Thing in the Constitution or Laws of any state to the contrary notwithstanding

Legislative Vesting Clause

Article I Section I Clause I - All legislative powers given to a Congress of the United States, which will consist of a Senate and a House of Representatives

Three-Fifths Clause

Article I Section 2 Clause 4 - Representatives and direct taxes shall be apportioned among the States in the Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, and three fifths of all other Persons

Origination Clause

Article I Section 7 Clause 1 - All Bills for raising revenue shall originate in the HOR, but the Senate may propose or concur with Amendments as on other Bills

Presentment Clause

Article I Section 7 Clause 2 - All Bills that pass HOR and Senate must be presented to the President before becoming law. He will sign in approval or return it with objections to the house it originated from, who will reconsider it. If after reconsideration, 2/3 of that house still wants to pass the Bill, it will be sent in full to the other house, which again will need a 2/3 passing vote for it to become law. All votes shall be recorded.

Taxation and Spending Clause

Article I Section 8 Clause 1 - Congress has the power to lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general welfare of the U.S.

Uniformity Clause

Article I Section 8 Clause 2 - All Duties, Imposts and Excises shall be uniform throughout the U.S.

Borrowing Clause

Article I Section 8 Clause 3 - Congress shall have the power to borrow money on the credit of the U.S.

Obligation of Contract

Article I Section 10 Clause 4 - No state shall pass any law impairing the Obligation of Contracts

Executive Vesting Clause

Article II Section 1 Clause 1 - The executive power shall be vested in a President of the U.S.

Interstate Commerce and Rules

Commerce across state lines. Congress has the power to regulate commerce between states and with foreign nations under the Commerce Clause. Federal law takes precedence over conflicting state laws.

Intrastate Commerce and Rules

Internal commerce inside of a state. Subject to state laws, regulations, and policies. Rules vary by state. Certain aspects of intrastate commerce may be subject to federal review and compliance, such as transportation or activities involving specific industries.

Appointments Clause

Article II Section 2 Clause 6 - The President shall nominate, and with consent of the Senate, appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the U.S., whose appointments are not otherwise provided for, and shall be established by Law

Judicial Vesting Clause

Article III Section 1 Clause 1 - the judicial power of the U.S. shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish

Diversity Clause

Article III Section 2 Clause 7 - Judicial Power shall extend to controversies between citizens of different states

Delegated Power

powers that are exclusively for the federal government and are "enumerated" in Article I, Section 8 of the Constitution; delegated powers are discussed in the 10th Amendment

Judicial Review

a power the Supreme Court conferred upon itself in the 1803 case of Marbury v. Madison (1803) to review the constitutionality of acts passed by Congress or actions by the president; the power of a court to review legislation or other governmental action to determine its validity with respect to the U.S. Constitution or state constitutions

Bill of Particular

a written document that provides detailed information about a claim or defense in a legal action. It can be used in civil litigation or criminal defense.

Bill of Supporting

a bill that a member of Congress adds their name to as a supporter of a bill that has already been introduced by another member

Accusing Evidence Rules

you need to have clearness and necessary certainty to apprise the accused of the crime they're charged with. All allegations must be accurately and clearly alleged. An indictment cannot be generic, it must state the specifics and descend to particulars. The accused should be able to use the description of the charge against them to defend themselves . This also helps the court to make a decision.

Intent and Indictment

A crime is made up of acts and intent, and these must be set forth in the indictment, with reasonable particularity of time, place, and circumstances

Constitutional Right to be Informed of the Nature and Cause of Accusation

must be informed of these things to be able to properly defend yourself in court and acquit yourself if you are innocent.

Lemon Test

Three-part test used by the Supreme Court to determine if a law or government activity violated the 1st Amendment's Establishment Clause.1) Purpose: the law must have a secular legislative purpose2) Effect: the law's primary effect must not promote or inhibit religion3) Entanglement: the law must not create excessive entanglement between church and state

Article II, Section 1, Clause 2 of the Constitution

"Electors Appointment Clause" - each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

Electoral College

Total number of electors per state based on total number of Congressmen in a state. Winner takes all system in all states except for Nebraska and Maine. Need 270 electoral college votes to win the election. If no candidate hits this threshold, it goes to the U.S. HOR, where representatives from each state will vote together with one vote per state.

Schenck v. United States

Plaintiffs charged of violating the espionage act by mailing pamphlets that obstructed recruiting services during war with Germany. Court held Espionage Act was constitutional and the 1st Amendment doesn't protect free speech that presents clear and present danger. Plaintiffs faced punishment.

Marbury v. Madison

Established Judicial Review when they established a law as unconstitutional

Furman v. Georgia

Is the death penalty constitutional? Supreme Court held it was unconstitutional since it was cruel and unusual punishment.

Katz v. United States

Katz convicted of illegally wiring bets. Government discovered this by illegally electronically listening to his telephone conversations. Supreme Court held the search and seizure of his phone calls were Unconstitutional and violated the 4th Amendment

Miranda v. Arizona

Established Miranda Rights. Argued conviction was illegal since self-incriminating statements were made in a highly policed environment where he wasn't informed of his rights. Supreme Court agreed Miranda's interrogation violated 5th Amendment rights, and established Miranda Rights.