BLS 342 Becker Exam 1 Miami University

US Constitution- 1789

7 Articles

27 Amendments

2 Years to Write

Article 1

Legislative Article

Sections 1-7 Set up Bicameral Legislature of 435 House and 100 Senate Members

Article 1 Section 8

Enumerated Powers of Congress (Important ones)

1. Levy and Collect Taxes

2. Congress can borrow money on US Credit

3. Interstate Commerce****

4. Naturalization and Bankruptcy

5. Coin money and regulate value

6. Punishment for counterfeitingty

9. Constitute Tribunals inferior to the Supreme court- to create lower federal courts

11. To declare war

18. Necessary and Proper Clause (Catch All)

Naturalization

How you become a citizen

necesary and proper clause

Gives the national legistlature the power to "make all laws which shall be necessary and proper" to exercise the powers granted by the Constiution; also known as 'elastic clause'

Article 1- Section 9

Limitations on Congress

Congress can't do:

1. Writ of Habeus Corpus

2. Ex Post Facto Laws

3. No taxes on imports/exports from any state

Writ of Habeus Corpus

Not following proper procedure, can file a writ to limit unjust arrests- Makes gov't follow rules.

Post Ex Facto Law

This type of law would allow a person to be punished for an action that was NOT against the law when it was committed

Article 1 Section 10

Limiting powers of the state

1.Freedom to contract clause- when you make a *legal* contract, the state can't mess with it. (Gives power to private enterprises to create own obligations)

2.No state shall place duty on imports- No state can place restrictions on other states imports

3. No state by state or foreign compacts w/o consent from gov't

Article II

Executive Article:

Enforces laws that legislature passes

President of US and his/her powers

Creates electoral college

Set up roles and methods of election

Details impeachment (Section 4)

Powers of President via Article II

1. Power of appointment/removal of cabinet

2. Can appoint judges

3. Pardons

4. Veto power

5. Commander n chief of armed forces

6. Power to make treaties

Article III

Judiciary Article- Creates Supreme Court and inferior courts.

Sets up federal jurisdiction (power)- Where cases that federal courts can hear.

Provides a jury for criminal cases (If requested)

Federal Jurisdiction (8)

1. All federal laws

2. Cases involving foreign diplomacy

3. Admiralty and Maritime cases

4. US is a Party

5. State vs State controversies

6. State vs Citizens of another state

7. Citizens of different states (diversity jurisdiction)

8. Constitutional issues

Concurrent jurisdiction

Where you can choose to initiate a case in state or federal court

Applies to constitutional issues and diversity jurisdiction

Diversity Jurisdiction

All parties in a case are from different states

Supreme Court Jurisdiction

Original Jurisdiction- Cases that go directly to supreme court (Foreign diplomacy, State vs State, and State vs citizens of another state)

Appellate Jurisdiction- Most common, cases get appealed up to the supreme court.

Article III Section 3

Defines Treason and requirements for conviction

Marbury v. Madision (1803)

Contradiction between Article 1 and 2

Determined that courts can make determinations on questions of the constitution

Expanded courts power via judicial review

Article IV- Section 1

Full faith and credit clause: States will honor eachothers proceedings, mandates, etc.

Article IV- Section 2

Privileges and immunities clause: Citizens have certain privledges and immunities (Right to vote, right to travel from state to state)

Article IV- Section 3

Admission of new states

Article IV- Section 4

Guarantee of Republican Government to each state

Article V

Amending Article

Need 2/3 majority vote to pass

Article VI

Supremacy Clause

Conflicts between state and federal constitutions- federal prevails (preemption)

Article VII

Ratification of the Constitution

Amendment 1

Freedom of speech, press, religion, assembly, and petition.

Government restrictions on freedom of speech and press

1. All criminal laws

2. Clear and present danger

3. Censorship (Congress can regulate it. TV = interstate commerce)

4. Defamatory speech

5. National security

6. Police power (public health, safety, welfare, or morals)

Speech

Any form of expression

Libel

A written defamation of a person's character, reputation, business, or property rights.

Slander

spoken defamation

Defamation Criteria

1. False or creates a false impression

2. Must be published (heard by at least one other person)

3. Injury to the person's reputation

Restrictions on freedom of assembly

1. Criminal Laws

2. Traffic Laws

3. Health reasons

Restrictions on freedom of religion

1. Establishment Clause: Gov't cannot establish a particular religion

2. Free-Exercise Clause: Free to practice any religion, as long as it doesn't break criminal laws.

Stare Decisis

Let the decision stand; decisions are often based on precedents from previous cases

Brown v. Board of Education (1954)

Overrules Plessy v. Ferguson (no stare decisis). Racial segregation violates 14th Amendment Equal Protection Clause ("separate but equal is inherently unequal")

Amendment II

Right to bear arms

Stands for the proposition that it's better to give guns to people and have them shoot each other than let the government have all the weaponry

Amendment III

No quartering of soldiers

Amendment IV

Unreasonable searches and seizures

Search Warrant

Piece of paper that explains what happened in a particular encounter

Must be signed by a judge (magistrate)

Plain view

Uses all 5 senses and is admissible evidence (smell of alc)

Motion to suppress

Asking the court not to admit evidence, must be granted.

Exclusionary rule

If you abuse your power, you aren't going to be able to use that evidence in court.

Weakened by good faith clause

Example of good faith clause

Case where cops went into house w/o probable cause. Supreme court upheld the search because cops acted honestly and in good faith.

Reasonable Searches and Seizures (9)

1. Stop and Frisk (Terry v Ohio)

2. Incident to a lawful arrest

3. Incident to a lawful incarceration

4. Under authority of a search warrant

5. Probable cause and no time for a warrant

6. Vehicle lawfully in custody

7. Evidence in plain view (all 5 senses)

8. Consent to the search (When in a car you consent to being searched)

9. Any other reasonable search and seizure (Catch all)

Terry v. Ohio

Police can search and seize with probable cause. Stop and frisk

Amendment V

5 Parts:

1. Privilege against self-incrimination (Right to remain silent)

2. Indictment for capital or infamous crimes (formal accusation of a crime)

3. No Double Jeopardy

4. Due process clause

5. Eminent Domain

How many people needed to indict in Ohio

23 people for a grand jury

True Bill

Tells you that you have indicted and case is moving forward.

You will always be indicted if you plead guilty

Double Jeopardy

Trial or punishment for the same crime by the same government

Standing

a legal rule stating who is authorized to start a lawsuit- Plaintiffs must have this

Voir Dire

Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge.

Criminal case

Jury vote must be unanimous to in favor or against

Jury must be convinced beyond reasonable doubt

Jury is always provided

Hung Jury

a jury that cannot agree on a verdict

Jury size

Misdemeanor- 8

Felony-12

Civil Case

Burden of proof: Preponderance of evidence- where the jury needs to be convinced by 50+% of all evidence

Need 2/3 jury vote for either side

Due process clause

The gov't can't deprive you of your life, liberty, or property without due process of law

Procedural Due Process

Reasonable notice and fair hearing

IF legislative enactments are :

1. Too narrow

2. Too broad

3. Too vague

^They are deemed unconstitutional

Substantive Due Process

Questions to ask of legislative enactments:

1. Does the law have Proper purpose?

2. Does the penalty bear a reasonable relationship to the purpose?

3. Is the law arbitrary or discriminatory in its application?

Eminent Domain

The right of a government or its agent to expropriate private property for public use, with payment of compensation.

Need due process

Police Power

Public health, safety, welfare, or morals

Due process is not needed to take property in this case (No reasonable notice of fair hearing)

Amendment VI

Rights of the accused

1. Speedy and public trial

2. Impartial Jury

3. Informed nature and cause of accusation

4. Confrontation of witness (Cross-Examination)

5. Compulsory process to obtain witness in your favor (Subpoena)

6. Assistance of council

2 Types of challenges once a jury is selected

1. Challenge for a cause- too old, sick, pregnant, etc.

2. Preemptory Challenges- prosecutors can get rid of jurors for any reason.

Arraignment

when the defendant is informed of the charges and advised of his or her rights

Amendment VIII

Cruel and unusual punishment

No excessive bail or fines

Amendment IX

People had rights before rights were listed, Gov't can't take those away because they weren't listed in the constitution

Trying to limit the power of gov't

Amendment X

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Gives power to people, attempt to decentralize

Amendment 13

Abolition of slavery

Amendment 14

Applies Amendments 1,2,3,4,5,6,8 to both the fed and state level

3 clauses of Amendment 14

1. Privileges and immunities (Via article IV section 2)

a) Right to travel from state to state, right to vote

2. Due process (Via 5th amendment)

3, Equal Protection Clause (EPC)- Incorporated into 5th amendment DPC

Equal Protection Clause (EPC)

All laws classify

1. No arbitrary or unreasonable classifications

2. No discriminatory treatment among persons of the same classification

Classifications that are INVALID

1. Race (Unless affirmative action)

2. Inherently suspect classification- Must show a "compelling state interest" to justify (Aliens and Residency)

Suspect classification

Courts like these better: Gov't must show a "reasonable or rationally related interest"

1. Sex or gender

2. Illegitimate Children

3. Zoning/voting districts

4. Age (Minimum work laws and retiring as a judge)

5. Indigency- You're poor, laws that treat rich people differently than poor people

6. Felons or prisoners

Baker v. Carr

Oddly shaped districts in Tennessee

One man, one vote

Districts must be drawn to be relatively equal (+/- 16%)

Plessy v. Ferguson (1896)

Legalized segregation in publicly owned facilities on the basis of "separate but equal."

15th Amendment

States cannot deny any person the right to vote because of race.

16th Amendment

Allows the federal government to collect income tax

18th Amendment

Prohibition of alcohol

Good laws create good results, bad laws don't

19th Amendment

Women's suffrage

Anyone can vote if 21+

21st Amendment

Repealed 18th Amendment

26th Amendment

Lowered the voting age to 18

Case Analysis

1. Identify courts

2. Identify Parties

3. Identify Issues (Question)

------Issues of Fact cannot be appealed

------Issues of law can be appealed

4. Reasoning

a)Looking for precedent

b)Own reasoning- creating new law

c)Standard/Test/Criterion

5. Holding (Bottom Line)

6. Disposition

Disposition options

1. Affirm- Agree

2. Reverse- Disagree

3. Vacate- Wipe out past decisions

4. Remand- Send case back down to trial court with further proceedings.

Smith V Jones (Trial Court)

Smith- Plaintiff

Jones- Defendant

Smith v Jones (Federal Appeals Court)

Smith- appellate

Jones- Appellee

Smith v Jones (Supreme Court)

Smith- Petitioner

Jones- Respondent

Primary Sources of Law

Constitution and state constitution

Federal regulations from organizations

Case law and common law

ORC

Ohio Revised Code

USCA

United States Code Annotated

ALR

American Law Reports

O Jur

Ohio Jurisprudence

CJS

Corpus Juris Secundum

Am Jur

American Jurisprudence

U.S.

United States Supreme Court Reporter

U.S.L.ED

United States Supreme Court Reporter Lawyer's Edition

S. Ct.

Supreme Court Reporter

F.

Federal Reporter (Appeals Court)

F. Supp

Federal Supplement (District Courts)

O. App.

Ohio Appellate Reports

O Ops (OO)

Ohio Opinions

OS

Ohio State Reports