Test

Impeachment Process

2 Steps.

step one

House brings the charges; House judiciary committee investigates with majority 218 members.(no majority vote \= dropped

step two

Trial in Senate, need SuperMajority 67/100. Need bi-partisan support. Chief Justice of Supreme Ct. oversees trial.

reasons for impeachment

1. Treason

2. Bribery

3. High crimes and misdemeanors

3 presidential impeachments

A. Johnson - 1 vote

Clinton - 12 votes

Trump - 20 votes

Article three

establishes the judicial branch to interpret and apply the laws, calls for one supreme court plus lower courts and describes the powers of the courts

congress powers

1. determine number of justices (5-10) - 9 currently

2. set up and organize the federal court structure (judiciary act of 1789)

original jurisdiction

the power of a court to hear a case first, before any other court; federal district courts- 1 judge panel (10%)

appellate jurisdiction

hear cases on appeal; federal circuit courts of appeal- 3 judge panel (90%)

2 instances when the US supreme court has original jurisdiction

1. foreign diplomats

2. cases between 2 or more states

state court structure

Varies by state but it starts with original jurisdiction to determine guilt, if guilty it goes to appellate jurisdiction, then the state supreme court (50), then US supreme court.

Federal Court Structure

district (original jurisdiction in federal crimes)- 94 district courts, circuit (13), supreme court

US supreme court

takes after exhausting- 63 courts can petition the supreme court

state crimes

assault/battery, theft, traffic violations (DUI), small amounts of drugs, murder, arson, car theft, domestic violence

federal crimes

post office/mail, child porn, kidnapping, carjacking, treason, federal conspiracies, drugs (DEA)-large amounts/moving across state lines, murder across state line or on federal property, arson of a federal building, sedition, money crimes (tax evasion, fraud, embezzlement, cyber

How cases reach the Supreme Court

9 steps

1

writs of certiorari - 10,000 requests, request by a lower court for the USSC to take/hear/decide a case

2

case is assigned to 1 of 9 justices- 3/4 clerks do dirty work

3

clerk investigates why case is being appealed

4

recommendations go back to justice where they decide whether to take it or not

5

conference- all 9 justices meeting together 2 days a week where they weed through writs and decide cases that have been heard in oral argument

6

conference votes 4/9

7

case is placed on court docket (calendar)

8

oral argument to vote on whether there is a constitutional violation 5/9 vote

9

write court opinion

oral argument

stage in Supreme Court procedure in which attorneys for both sides appear before the Court to present their positions to chief justice and senior justices and answer questions posed by justices

how long is the timer

30 minutes

how many cases do they see in 3 days of the week

2 cases a day, other two days in conference

what does it mean when the timer turns yellow

5 minutes left

strict interpretationist

republican, follow constitution word for word

broad interpretationist

democratic, interpret the constitution

Judicial Review

The power of the courts to declare laws unconstitutional; can overturn laws

judicial review example

texas vs johnson 1989- texas law saying you cannot burn the flag violates constitutional rights

article 4

Interstate Relations

3 clauses in article four

full faith and credit clause, privileges of immunities clause, extradition clause

full faith and credit clause

states must respect other states court proceedings, civil laws, etc.

limitations of full faith and credit clause

professional license (can't if you don't have license in that state), drivers license must follow state law, gun laws

Privileges and Immunities Clause

prevents a state from treating citizens of other states in a discriminatory manner without justification.

example of privileges and immunities clause

w/o jurisdiction- interstate travel, sale of property, speed limits, sales tax; with jurisdiction- in state tuition because residents pay taxes for that state

extradition clause

states are obligated to return the criminal to the state they committed the crime

example of extradition clause

serial killers must be tried in the states in order crimes were committed, but states have a say in whether they want to take or pass on the case

international extradition

treaty with country obligates them to send the criminal back; no treaty with Russia, China, North Korea, and Cuba

Article 5

Amending the Constitution

two step process of amending the constitution

proposal and ratification

proposal

2/3 vote of both houses of congress

or--\> if people bypass congress

2/3 of state requesting one constitutional convention (34 states)

ratification

2/3 state legislatures (38)- 26/27 amendment

or

3/4 of state holding ratifying conventions (38) multiple conventions (21 amendment)

article 6

National Supremacy clause

National Supremacy Clause

Constitutional clause that states that federal law takes precedence over all other laws.

article 7

Ratification- not active

ratification article

9/13 states must ratify or accept the constitution before it becomes official

Order the States Ratified the Constitution

1st- delaware

9th-new hampshire

13th- rhode island because they had the most to lose;

as states were added, they had to ratify

federalist papers

convince the hold out states to sign the papers to accept the constitution. created by hamilton, john j., and j. madison

Bill of rights

First 10 amendments

1st amendment

5 freedoms: speech, press, religion, assembly, petition

2nd amendment

Right to bear arms

3rd amendment

No quartering of soldiers

4th amendment

Protects against unreasonable search and seizure

examples of fourth amendment

1. purse/backpack- no warrant (strict)

2. locked suitcase- warrant unless drugs

3. phone booth- warrant cause you can close door

4. phone on the wall- no warrant

5. trash- warrant only if on property

6. roommate- warrant if you own the property

7. homeless- warrant (broad)

8. car- no warrant bc windows and mobility

9. house- warrant due to expectation of privacy

5th amendment

protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.

6th amendment

Right to a speedy and public trial

7th amendment

Right to a trial by jury in civil cases

8th amendment

No cruel and unusual punishment

9th amendment

People's rights are not limited to those listed in the Constitution

10th amendment

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.

11th amendment

courts have no power or right to hear cases and make decisions against a state if it's sued by the citizen of another state or someone who lives in another country

12th amendment

The President and Vice President are elected on a party ticket. because of jefferson and adams & jefferson and burr

civil rights amendments

13th, 14th, and 15th amendments

13th amendment

abolished slavery; previous emancipation proclamation only freed slaves in the south due to military strategy and didn't do anything

14th amendment

gave males over 21 with property the right to vote

16th amendment

federal income tax; before you get your paycheck, the government already takes money out

prior to 16th

state would send you a tax bill that you were not prepared for and could not pay

17th amendment

US senate is directly elected by the people; prior- senate was chosen by the state legislature

18th amendment

Prohibition of alcohol; created bootleggers, rum runners, and moonshiners (created NASCAR)

Reasons for Prohibition

1. women's movement

2. industrial revolution- crime and drinking due to bad environments

3. temperance movement- protestant based

.4. german breweries- anti german ww1

19th amendment

Gave women the right to vote; women didn't use this right until after ww2

20th amendment

- (Lame Duck Amendment) shortened period between presidential elections and inaugurals