Amendments & Goodies Study Guide

Amendments & Goodies Study Guide Dani Bailey Michelle Magnusson Oscar Martinez Stephanie Zatlin

1st Amendment • RAPPS: freedom of religion, assembly, press, petition, and speech • Includes establishment clause (later mentioned)

1st Amendment Court Cases • Buckley v. Valeo (1976) • Allowed PACs to be formed because contributing to campaigns is freedom of speech • Tinker v. Des Moines School District (1969) • Since the black armbands worn were a silent and peaceful protest to war, Tinker won for violation of 1st amendment • Near v. Minnesota (1931) • Prior restraint on censorship of press is unconstitutional, except cases directly threatening national security • Gitlowv. New York (1925) • Incorporated 1st amendment rights of press and speech; however over ruled because of attempting to violently overthrowing the government • Schenckv. United States (1919) • Placed more restraints on 1st Amendment because of endangering armed forces/ enlistment

2nd Amendment • Two clauses: militia clause (a well regulated militia is necessary to the security of a free state) and the right to bear arms clause (the right of people to keep and bear arms shall not be infringed) • Very controversial topic..does this amendment really “protect” citizens?.. • This is not a fundamental personal right (because it is not incorporated into the 14th amendment) and local and state governments are free to devise any sort of gun law they find necessary

2nd Amendment Court Cases • U.S. v Miller: supreme court ruled that the government does have the right to regulate weapons but not take them away • US v Cruikshank: Cruikshank wanted to prevent blacks from exercising their civil rights. Yet, the government ruled that individuals could not file charges against other citizens in federal court regarding their constitutional rights • Presser v People of Illinois: Herman Presser was found guilty of parading a group of armed men without authorization in Illinois. The decision held that the amendment limited only the power of Congress and the national government to control firearms, not that of the state; they can’t deprive the US from their rightful resource for maintaining the public security and disable the people from performing their duty to the general government

3rd Amendment Quartering of soldiers No soldier shall in time of peace be quartered in any house w/o the consent of the owner, nor in time of war, but in a manner to be presented by law Basically prohibits in peacetime or wartime, the quartering of soldiers in private homes without the owners consent Among the least cited sections of the US Constitution because the quartering of soldiers has not been a [roblem since the American Revolution

Engblom v. Carey Federal Court was asked to validate a law on the 3rd amendment In 1979, prison officials in New York organized a strike and were evicted from their prison facility residences The prison facility residences were reassigned to members of the National Guard who had temporarily taken their place as prison guards The US courts of appeals for the second circuit ruled the term owner in the 3rd amendment includes tenants It ruled that the National guard troops count as soldiers for the purpose of the 3rd amendment Finally, the court ruled that the 3rd amendment is incorporated (that is, it applies to states) by virtue of the 14th amendment

4th Amendment • Search and Arrest: • The right to feel safe in your home without fear or risk of being unreasonably searched or seized without warrant.

4th Amendment Court Cases • Mapp vs. Ohio (1961): • Extended the 4th amendment restrictions to all states, before it only mattered during federal arrests and cases. • Beck vs. Ohio: • Showed that during an arrest a person may be taken and searched for evidence at the station despite the amendment.

5th Amendment • Grants rights to grand jury, double jeopardy, self-incrimination, and due process • Must be convicted guilty by grand jury (except militia) • Cannot take away natural rights without due process of law • Cannot be a witness against thyself • Double jeopardy- government can’t try a defendant for the same crime twice

5th Amendment Court Cases • Barron v. Baltimore (1833) • Bill of Rights only limits the federal government and doesn’t apply to state or local governments • Miranda v. Arizona (1966) • Made it so that when a police officer arrests someone they must state the “Miranda Laws” • “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.” • Heart of Atlanta Motel v. United States (1964) • Congress can forbid discrimination with the Interstate Commerce Clause

6th Amendment • Creates “fairness” for the accused • Sets forth rights related to criminal prosecutions: 1. Speedy and public trial 2. Judged by an impartial jury 3. The right to be notified of the nature and circumstances of the alleged crime 4. The right to confront witnesses who will testify against the accused 5. The right to find witnesses who will speak in favor of the accused 6. The right to have a lawyer

6th Amendment Court Cases • Miranda v Arizona: a man kidnapped and raped a woman; he was questioned by police and confessed; his lawyer told him that he had the right to remain silent and argued that his rights were violated. The supreme court ruled that the rights of the accused must be stated-these are your “miranda rights” • Barker v Wingo: held that violation of the speedy trial clause must be decided on a case-by-case basis, taking into account four factors.. • Length of delay (6-8 months) • Reason for delay • Whether and when the defendant asserted his right to a speedy trial • Degree of harm to the defendant caused by delay

7th Amendment • Trial by Jury in common-law cases • In suits at common-law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common-law • 7th amendment basically gives the right of trial by jury in certain civil cases and asserts that cases may not be re-examined by other courts • Guarantees trial by jury when expectations are met • Prevents the concept of arbitrary courts of justice • One of the primary purposes of trial by jury in America was to protect the public from corrupt or aristocrat judges

Hale v. U.S. Trustee • Tom Hale assisted some debtors by the names of Eric and Selina Jones in filing a bankruptcy petition • For a fee of $250, Hale agreed to analyze the debtors financial situation and prepare their bankruptcy petition • However, Hale did not sign the petition and in doing so falied to honor his legal and ethical obligations as their lawyer • The court denied Hale’s request for a jury trial on the reasonableness of his attorney fees • The court denied Hale’s motion requesting judicial recusal • The court disgorged him of his attorney fees • The court sanctioned him

8th Amendment • Bail, Fines, and Punishment: • No cruel and usual punishment or excessive bail or fines after arrest.

8th Amendment Court Cases • Wilkerson vs. Utah: • death by firing squad didn’t fall under “cruel and unusual punishment” • Drawing, quartering, public dissecting, burning alive and disemboweling are all “cruel and unusual” • Weems vs. U.S. (1910): • Established that the severity of punishment must be proportional to the severity of the crime • Trop vs. Dulles (1958): • Set the precedent that the acceptability of a punishment changes with time. • Example: an eye for an eye, burning at the stake and crucifixion are no longer acceptable but once were

9th Amendment • Other rights besides those listed previously may exist, and even though they’re not listed doesn’t mean they can be violated • Used in court cases as a secondary source of fundamental liberties • Never specified which rights are guaranteed and not stated

9th Amendment Court Cases • Roe v. Wade (1973) • Again exercised the right to privacy • Allowed abortion because of being a private matter • Griswold v. Connecticut (1965) • Right of privacy is implied by the 9th amendment • Uses due process clause of 14th amendment

12th Amendment • Contains the rights when electing the President and Vice President: 1. Electors meet in their respected states vote in distinct ballots for P and Vp and list the number of votes for each 2. They sign and certify the ballot and send the ballot to the government-directed to the President of the Senate 3. Senate counts the votes and majority wins • In the event of a tie for President, the House of Representatives (1 vote per state) will choose by ballot • In the event of a tie for Vice President, the Senate will choose • In both these cases..2/3rds of the states must be present!

12th Amendment Court Cases • Bush v Gore: In the 2000 election between George Bush and Al Gore , the election came down to Florida’s electoral votes, where Bush’s younger brother, Jeb, was governor. The presidential election ultimately violated the equal protection clause-because there was no time to create a fair system of recount, the supreme court stopped the recount in its tracks allowing Bush to be victorious over Gore. This instance caused a lot of controversy because many believe that Al Gore would have been victorious if the votes were “properly” recounted

13th Amendment • Section 1: Neither slavery nor involuntary servitude, except as a punishment for crime where of the party shall have been duly convicted, shall exist within the Unites States or any place subject to their jurisdiction • Section 2: Congress shall have the power to enforce this Article by appropriate legislation • 13th amendment basically outlaws “slavery” or involuntary service with the only time being acceptable is to serve as punishment for a crime committed • Involuntary servitude refers to a person held by actual force, threats of force, or threats of legal coercion in a condition of slavery – labor against his/her will • The 13th amendment completed the abolition of slavery which began with Lincolns Emancipation Proclamation • Was the first of the Reconstruction Amendments

Immediato v. Rye Neek School District • A boy name Daniel Immediato felt that the school districts mandatory policy of 40 hours of community service in order to graduate was in violation of his 13th amendment • As part of a senior course, all seniors were required and Daniel strongly believed that this assignment was considered involuntary service • The court found that Immediato’s arguments were invalid • The court struck their ruling that the school did not violate any of Daniels’s constitutional rights by requiring him to perform community service

14th Amendment • Part 1: • no state can take away or withhold the rights of life, liberty and property of anyone or take any action to inhibit rights or deny people equal protection from laws • Part 2: • Representatives will be appointed according to the amount of people in the state. • During votes the number of electors changes from total population to the number of 21 year old males.

14th Amendment • Part 3: • No person who has previously been involved in a rebellion, donated money to a rebellion or given aid to enemies can hold any office. • Congress can elect them with a 2/3 majority vote. • Part 4: • The validity of any state/federal debt cant be questioned. Government cant pay debt from a rebellion or claim money for loss of a slave. • Part 5: • Congress has the right to enforce all aspects.

14th Amendment Court Cases • Roe vs. Wade: • Shows that the “due process clause” protects all unenumunerated rights • Plessy vs. Fergusson: • Segregation is okay as long as facilities are equal; based off the guarantee of equal protection for all • Brown vs. Board of Ed.: • Reversed Plessy vs. Fergusson; won by Thurgood Marshall and illegalized segregation

15th Amendment • Voting Rights • Race cannot stop someone from voting • Post Civil Rights • African American vote • Ratified February 3, 1870; recognized a century later • Limited by poll taxes & literacy tests • Needed Voting Rights Act of 1965

15th Amendment Court Cases • Although the 15th amendment gave African Americans the right to vote, most were limited by poll taxes, literacy tests, gerrymandering. • Gomillionv. Lightfoot (1960) • Declared gerrymandering based on gender to be unconstitutional • Guinn v. United States (1915) • Grandfather clause immunity to literacy tests found unconstitutional

16th Amendment • Congress has the ability to levy an income tax without regard to the states or Census • No regards to the population of the states • The more money you make..the more you are taxed (highest=15%) • Very unpopular with the public

16th Amendment Court Cases • Pollock’s v Farmers Loan and Trust CO: the supreme court ruled that the un-apportioned income taxes on interest, dividends and rents imposed by the Income Act were direct taxes, and unconstitutional because they violated the provision that direct taxes be apportioned • Stanton v Baltic Mining: supreme court rejected Stanton’s request for a court order to prevent Baltic Mining Company from paying their income tax; despite taxing mining companies’ capital to a degree, income taxes are not direct taxes, so they need to be apportioned to be valid • Brushaber v Union Pacific R.R: ruled that the amendment removes the Pollock requirement that certain income taxes be apportioned among the states according to population

17th Amendment • Election of Senators • Ratified on April 8,1913 • The Senate of the United States shall be composed of two Senators from each state, elected by the people thereof, for six years, and each senator shall have one vote • The electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature • When vacancies happen in the representation of any state in the senate, the executive authority of such state shall issue writs of election to fill such vacancies

Trinsey v. Pennsylvania • Following the death of Senator H. John Heinz III of Pennsylvania, The US Court of Appeals for the Third Circuit was faced with a situation • Governor Robert P. Casey had provided for a replacement and for a special election that did not include a primary • Voter John S. Trinsey Jr argued that the lack of a primary violated the 17th amendment • It also violated his right to vote under the 14th amendment • The arguments were rejected by the third circuit which ruled that the 17th amendment does not require primaries

19th Amendment • Women's’ right to vote: • The right of citizens to vote cant be denied by any state because of gender.

19th Amendment Court Cases • Minor vs. Happersett (1875): • Four women tried to vote in Missouri based on their 14th Amendment right that everyone is equal. • Denied the right to vote because the Constitution did not grant women the right to vote. • U.S. vs. Susan B. Anthony: • Tried to illegally vote and was arrested but not held to bail

20th Amendment • President & VP terms end at 12pm 1/20; Senators & Representatives end at 12pm 1/3 and new officers take place (originally appointed in March) • Congress must assemble at least once a year beginning at 12 pm on 1/3, unless a new date is set by law (i.e. on a Sunday) • Shortened “Lame Duck” period • VP is next in line after President (if dies/incapable) • Congree can declare neither President nor VP qualified and choose a new President by law • In cases of two deaths, House may choose President and Senate may choose VP • In case president elect dies before term: VP becomes President

20th Amendment Court Cases • An example of the 20th amendment: • Gerald Ford was appointed VP by President Nixon after Spiro Agnew resigned from vice presidency • After Nixon resigned, Ford took office because the 20th amendment says that should a president fail to complete his term in office, the VP will take his place • Ford became President without ever being elected into his VP or Presidential positions

24th Amendment • Crucial to the Civil Rights Movement as it ended mandatory poll taxes that prevented many African Americans and poor whites from having any sort of political power • Section 1: citizens have the right to elect their representatives in national, state, local, and primary elections and poll taxes are a barrier to voting and will be repealed • Section 2: Congress will enforce these provisions and enact laws that help enforce this amendment

24th Amendment Court Cases • Harman v Forssenius: supreme court ruled that Virginia’s law partially eliminating the poll tax violated this amendment. Virginia had attempted to dodge the anti-poll tax by allowing the poll tax to be waived if the would-be voter filed a certificate of residency six months prior to the election; Supreme court forced Virginia to abolish its poll tax completely • Breedlove v Suttles: this case involved a challenge to the Georgia poll tax by a white male citizen who claimed that it denied his right to equal protection of the laws under the 14th and 19th Amendment right not to be discriminated against in voting on account of sex. The law required a tax of one dollar per year before registering to vote, but exempted persons under 21 and over 60, blind persons, and females who did not register to vote. The challenge ultimately failed because it would have made the amendment in effect a limitation on the state taxing power

25th Amendment • Presidential Disability and Vice Presidential Vacancies • Ratified on February 10, 1967 • This amendment deals with the succession to the Presidency and establishes procedures for filing a vacancy in the office of the Vice President • It also accounts for responding to Presidential disabilities • In case of the removal of the president from office or of his death or resignation, the vice president shall become the president • Whenever there is a vacancy in the office of the vice president, the president shall nominate a vice president

Court Cases for 25th Amendment • To date no legal controversies have arisen from this amendment • In fact, the 25th amendment has only been cited in two supreme court cases, but neither one was a pivotal position the decision • Clinton v. Jones – Established that a sitting president of the united states has no immunity from the civil law and litigation against him for acts done before taking office • Freytag v. Commissioner clarified the term “department” to mean cabinet level positions

Supremacy Clause • Article VI, section 2 of US Constitution • Constitution and laws of federal government are “supreme law of the land” • Developed by Chief Justice John Marshall • State legislatures take federal policy into account

Supremacy Clause Court Cases • Gibbons v. Ogden (1824) • Federal law is supreme when dealing with commerce • Commerce is regulated by Congress so that every state has same interstate commerce • McCulloch vs. Maryland 1819 • Government can establish a national bank • State laws cannot conflict with federal laws; if they do, they will be ruled unconstitutional

Establishment Clause • Part of 1st amendment • The government cannot establish a national religion • Also forbids favoring religion over non-religion and vice versa

Establishment Clause Court Cases • Engel vs. Vitale (1962) • Government can’t favor one religion over another; i.e. prayers in school • The Lemon test • From Lemon vKurtzman 1971; used to tell whether or not a law violates the establishment clause • 1) Does the law have a secular purpose? • If not, violates e.c. • 2) Is the primary effect either to advance religion or to inhibit it? • If so, it violates e.c. • 3) Does the law foster an excessive governmental entanglement with religion? • If so, it violates e.c.

Elastic Clause • “Necessary and Proper”- Congress is allowed to pass all laws they see “necessary and proper” to carry out enumerated powers • Example: having an Air Force but given right to have an army and Navy

Elastic Clause Court Cases • McCulloch vs. Maryland (1819): • Decided that congressional actions are constitutional as long as they are based on the expressed powers of the constitution and are consistent with the constitution.

Full Faith and Credit • Requires states to recognize official documents from other states (marriage, driver’s licenses)

Commerce Clause • Grants Congress the ability to regulate commerce relationships between foreign countries, states, and Indian Tribes • Federal Government has the authority to make laws that pertain to international and interstate trade

Commerce Clause Court Cases • Gonzales v Raich: ruled that Congress may criminalize the production and use of home grown cannabis even where states approve its use for medicinal purposes, which simply means that Congress may ban the use of marijuana even where states approve its use for medicinal purposes. The Supreme Court's support came from the Commerce Clause which allows the U.S. Congress "to regulate commerce...among the several states."

Advise and Consent • Article II, Section 2, Clause 2 • This clause contemplates 3 sequential acts for the appointment of principal officers, the nomination of the president, advise and consent of the senate and the appointment of the official by the president • This clause applies to principal officers in contradistinction to inferior officers • Although Senate must confirm principal officers, including ambassadors and SC justices, Congress may choose to require that any officer whose office is “established by law” be confirmed by the Senate, whether they be inferior or not

Amendments & Goodies Study Guide