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Constitutional Law

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Constitutional Law

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    1. Constitutional Law

    4. Most of the courts in the federal court system are constitutional courts; the exceptions—the Tax Court, the Court of International Trade, and the Claims Court—are legislative courts. Constitutional courts decide the constitutionality of federal, state, and local laws and regulations. The Supreme Court makes final decisions regarding constitutionality and is the highest court of appeals in the country. Although this court hears cases never tried before, the bulk of the work of the nine Supreme Court justices is made up of appeals from lower courts.

    6. The Judicial Branch & The Supreme Court Checks and Balances

    7. Article III The Judicial Branch was established by the Constitution to provide a final check on both the Legislative and Executive branches. In any federal issue, the courts are the final interpreter of the Constitutionality of any law. The same applies to states and their constitutions.

    8. The Finality of the Supreme Court The Supreme Court is the Highest Constitutional authority in the land. They interpret the wording of the original document and all it’s amendments.

    19. Principles of the US Constitution Separation of Powers - Ex’s? Checks and Balances - Ex’s? Popular Sovereignty - Ex’s? Judicial Review – Ex’s? Living Document – Ex’s? Each branch has it’s own specific jobs Each branch “watches the other” The people rule Supreme Court has the final say on constitutionality It can change

    20. Marbury v Madison (1803) Players: John Adams – 2nd President – Midnight Appointments William Marbury – one of the midnight appointments – District Judge Thomas Jefferson – 3rd President James Madison – Jefferson’s Secretary of State John Marshall – newly appointed (midnight) Chief Justice

    21. The Case Adams made several “midnight” appointments before leaving office No congressional approval needed during recess One letter did not make it in time – carried by Marshall’s brother-in-law Madison (Sec. of State) refused to accept the commission

    22. At Issue Judiciary Act of 1789 – Section 13 – called for “Writs of Mandamus” These writs allowed the Supreme Court to force officials to carry out duties. Marbury petitioned the Supreme Court to “force” Madison to accept the commission.

    23. Constitutional Question? 1. Was Marbury entitled to his commission? 2. Is the Judiciary Act of 1789, Section 13 constitutional?

    24. The Decision 4-0 (Marshall recused himself) 1. Yes – Marbury is entitled to his commission 2. No – Sec. 13 of the 1789 Judiciary Act is Unconstitutional. Gives a power to the Supreme Court not intended in Constitution – need amendment to change the document. Upsets the separation of powers and checks and balances.

    25. The Outcome Marbury v Madison established the idea of Judicial Review Implied power allowing Supreme Court to determine Constitutionality of laws. The court gave itself that power by denying a power.

    26. McCulloch v Maryland (1819) The players: 1st National Bank 2nd National Bank James McCulloch State of Maryland

    27. Background Federalists and Anti-federalists argued over the inception of the 1st National Bank. Federalists won a 20 year charter, which ran out in 1811 War of 1812 – President Madison reincorporates a 2nd National Bank Anti-federalists, states and private banks argue over constitutionality of National Bank

    28. At Issue Maryland decides to ‘tax’ the 2nd National Bank Protectionist tax policy McCulloch, a cashier at the Baltimore branch, refuses to pay

    29. Constitutional Question 1. Can a state tax the federal government? 2. Is a National Bank Constitutional?

    30. Decision 7-0 unanimous decision 1. No – “the power to tax is the power to destroy” – Chief Justice John Marshall Supremacy clause - Article 6, Para. 2 2. Yes – Artilce I. Section 8, Paragraph 18 – “necessary and proper” Clause allows congress additional power to carry out the business of government

    31. Dred Scott v Sanford (1857) Players: Dred Scott – slave John Sanford – acting on behalf of owner who refused to grant Scott freedom Dred Scott was owned by at least 3 different people Missouri Compromise of 1820

    32. Background: Dred Scott was taken into ‘free’ territory on several occasions by his owners. Scott had attempted several times to procure his freedom and freedom for his family citing that by passing into free territory, he was now a free man.

    33. Constitutional Question 1. Was Dred Scott a free man? 2. Is the Missouri Compromise Constitutional?

    34. Decision Roger B. Taney – Chief Justice 7-2 decision 1. No – Scott is 3/5 of a person and therefore not entitled to citizenship, AND therefore cannot sue. Slaves are “property”: I.2.3 2. No – the assumption that “property” can be taken away form a US citizen is against the 5th Amendment right to Due Process (life liberty and PROPERTY)

    35. Plessy v Ferguson (1896) Players & background Homer Plessy – 1/8 African American John Ferguson – judge from Massachusetts, presided over Plessy’s arrest and 1st case Reconstruction/ Louisianna Jim Crow Laws 14th Amendment

    36. Constitutional Question Does separate seating violate the 14th amendment’s promise of equal citizenship?

    37. The Decision 8-1 decision No – Separate IS equal

    38. Brown v Board of Education, Topeka, KS Players & background Chief Justice Earl Warren Linda Brown, Oliver Brown Thurgood Marshall Dr. Kenneth Clark 1879 law permitting segregation in schools 7 blocks v 1 mile (still 6 blocks to bus stop)

    39. Constitutional Question Are separate educational facilities “equal” according to the 14th Amendment?

    40. Decision 9-0 unanimous decision NO – Separate is NOT equal – especially in education.

    41. Things to consider Impact of TV Rosa Parks and the Montgomery Bus Boycott MLK Malcolm X Little Rock, Ark.

    43. Regents of the University of California v. Bakke (1978) Players & background Allan Bakke, rejected twice to med school 16 “qualified minority” seats reserved Bakke’s scores exceeded all 16 petitioners, in BOTH years Reverse discrimination? Warren Burger - CJ

    44. The Constitutional Question Did the University of California violate the Fourteenth Amendment's equal protection clause, and the Civil Rights Act of 1964, by practicing an affirmative action policy that resulted in the repeated rejection of Bakke's application for admission to its medical school?

    45. The Decision 5-4, 4-5 (yes & no) The Court held that while affirmative action systems are constitutional, a quota system based on race is unconstitutional.

    46. Miranda v Arizona (1966) Players & Background: Ernesto Miranda Career criminal Rapes and kidnapping included Gave confession Never requested counsel Attorney argued he did not know his rights

    47. Constitutional Question Does the accused need to be informed of his 5th and 6th amendment rights each time he is suspected? 5th – self incrimination 6th – trial and counsel rights

    48. The Decision 5-4 - - is that a STRONG opinion? Yes, each time a person is suspected of a crime, they need to be informed of their rights. Any testimony given without this is inadmissable in court.

    49. The Miranda Warning Right to remain silent Anything you say can and will be used against you in court You have the right to an attorney If you cannot afford one, one will be provided for you

    50. Precedent setting cases Gideon v Wainwright (1963), that indigent criminal defendants had a right to be provided counsel at trial. Escobedo v. Illinois, (1964) criminal suspects have a right to counsel during police interrogations

    51. Mapp v Ohio (1961) Police raided the home of Dollree Mapp believing she was harboring a fugitive No warrant No fugitive found Found pornographic material Mapp found guilty of possession of obscene material

    52. Constitutional Question Does the 4th amendment protection against unwarranted searches and seizures apply to the states?

    53. The Decision 8-1 Yes. The 4th amendment applies to the states, particularly due to the 14th Amendment “due process” clause.

    54. U.S. v Nixon (1974) Players & background Nixon Watergate Tapes C.J. Warren Burger Washington Post reporters Bob Woodward Carl Bernstein Deep throat William Mark Felt, Sr. FBI informant

    55. Constitutional Question Can the President keep the tapes secret as a matter of “national security”? In other words, is the President above the law?

    56. The Decision 8-0 Unanimous (Rehnquist recused himself) No man, even the President, is above the law. The supremacy clause says that the CONSTITUTION is the highest law in the land. NOT the President.

    57. NYT v US (1971) Players & Background NYT, Washington Post Nixon Executive authority Sec. of Defense, Robert McNamara Commissioned 2.5 million word report on the real facts about Indochina.

    58. Constitutional Question Does the executive branch have the right to “prior restraint”?

    59. The Decision 6-3 NO Freedom of speech is guaranteed unless government can show “grave and irreparable” danger.

    60. Texas v Johnson (1989) Players & background Greg Johnson (& demonstrators @ the RNC in TX) Protesting Reagan’s policies & Dallas-based corporations (ENRON!) American flag Fire Texas statute 1 yr prison, $2k fine

    61. Constitutional Question Is flag burning a protected form of Free Speech?

    62. The Decision 6-3 - yes Flag burning is a protected form of free speech as per Amendment 1.

    63. Sheppard v Maxwell 1966 Sam Sheppard found guilty of wife’s murder Appealed conviction based on ‘unfair trial’ Wide spread news reports ‘tainted’ jury Question: Freedom of the press v. right to fair trial

    64. Outcome 8-1 Sheppard did not receive a fair trial Should have limited jury access or changed venue Allowed fro courts to issue ‘gag rules’ so press does not convey EVERYTHING

    65. Weeks v. US 1914 Federal agents went into Fremont week’s home (was running illegal lottery) Was evidence obtained illegally? Unanimous support of Weeks

    66. Shenck v US 1919 WWI - - Charles Schenk led an anti-war protest Violated 1917 Espionage Act Free Speech? 9-0, OK to curb speech when there is “clear and present danger”

    67. Furman v Georgia (1972) Players and Background: William Furman Burglarizing a house Testified that while attempting to escape, tripped and accidentally shot one of the homeowners Lawyers argued that the death penalty was inconsistent and arbitrary

    68. Constitutional Question Does the imposition and carrying out of the death penalty constitute cruel and unusual punishment?

    69. The Decision 5-4 yes Resulted in a 4 year moratorium on the death penalty All death row inmates sentences were commuted to life.

    70. Gregg v Georgia (1976) Troy Gregg Murder and robbery of 2 men Troy and two other men had been hitch- hikers

    71. Constitutional Question Is the imposition of the death penalty prohibited by the eighth amendment?

    72. The Decision No - 7-2 Death penalty does not violate the 8th amendment if: Trial and sentencing are conducted separately Specific findings as to severity of crime and nature of the defendant are considered Compare each capital sentence circumstances with one another

    73. Stanford v Kentucky (1989) Players & background Kevin Stanford 17 at time of crime Murder, sodomy, robbery and receiving stolen property Barbel Poore – victim, gas station attendant Shot 2x at point blank range

    74. Constitutional Question Does the imposition of the death sentence on convicted capital offenders below the age of 18 years old, violate the Eighth Amendment's protection against cruel and unusual punishment?

    75. The Decision 5-4 No Execution of minors is not cruel and unusual as society’s standards of decency evolve.

    76. Roper v Simmons (2005) Players and Background 17 year old Chris Simmons Charles Benjamin & John Tessmer Shirley Crook – murdered / drowned Premeditation History of physical and mental abuse

    77. Constitutional Question Is the execution of a person who was a minor at the time the crime was committed considered cruel and unusual punishment granted under the 8th and 14th amendments?

    78. The Decision 5-4 NO Standards of decency hold that executing minors is ‘cruel and unusual’. Decision outlawed the death penalty against minors. John Lee Malvo

    79. Atkins v Virginia (2002) Daryl Atkins (59 IQ) William Jones Eric Nesbitt - victim $60 found in wallet, not enough ATM (camera) Taken to secluded location and shot 8 times

    80. Constitutional Question Is a Virginia law that allows for the execution of mentally retarded individuals unconstitutional under the eighth amendment protection against cruel and unusual punishment?

    81. The Decision 7-2 Yes To execute the mentally retarded does violate the 8th amendment.

    82. U.S. v Lopez (1995) Alfonso Lopez Jr. caught carrying a gun and cartridges near a high school in TX. Charged with violating the Gun Free School Zones Act of 1990 Congress gave itself the right under the Commerce Clause (Art I, Sec 8, p 3)

    83. Constitutional Question Was the Gun Free School Zones Act of 1990 in violation of Article I, section 8, paragraph 3: the commerce clause?

    84. The Decision 5-4 Yes, The law in unconstitutional. Possession of a gun near a school is not an economic activity that has a substantial effect on interstate commerce Significance of 10th Amendment, why?

    85. Engle v Vitale (1962) “Almighty God, we acknowledge our dependence upon Thee, and beg Thy blessings upon us, our teachers, and our country." The Board of Regents of New York State authorized a short prayer to be read at the start of each school day

    86. Constitutional Question Does the reading of a nondenominational prayer at the start of the school day violate the "establishment of religion" clause of the First Amendment?

    87. The Decision 6-1 YES It is unconstitutional. New York officially approved religion. Separation between church and state

    88. Gomillion v Lightfoot (1960) Alabama legislature re-drew the electoral district, replacing what had been a region with a square shape with a twenty-eight sided figure. The effect of the new district was to exclude essentially all blacks from the city limits and place them in a district where no whites lived.

    89. Constitutional Question Did the redrawing of Tuskegee's electoral district boundaries violate the Fifteenth Amendment of the Constitution which prevents the United States or any individual state from denying a citizen the right to vote on account of race, color, or previous condition of servitude?

    90. The Decision 9-0 YES Court held that Act 140 of the Alabama legislature violated the Fifteenth Amendment It was clear to the Court that the irregularly shaped district was drawn with only one purpose in mind, namely, to deprive blacks of political power.

    91. Griswold v Connecticut (1965) Estelle Griswold brought suit after she, several clients, and other workers at the clinic were arrested under a Connecticut law that criminalized the provision of counseling, and other medical treatment, to married persons for purposes of preventing conception.

    92. Constitutional Question Does the Constitution protect the right of marital privacy against state restrictions on a couple's ability to be counseled in the use of contraceptives?

    93. The Decision 7-2 YES Though the Constitution does not explicitly protect a general right to privacy, the various guarantees within the Bill of Rights create penumbras, or zones, that establish a right to privacy. Together, the First, Third, Fourth, and Ninth Amendments, create a new constitutional right, the right to privacy in marital relations. The Connecticut statute conflicts with the exercise of this right and is therefore null and void.

    94. Roe v Wade (1973) Norma McCorvey wished to terminate her pregnancy, but TX law forbid the procedure except if the mother’s life was at stake.

    95. Constitutional Question Does the Constitution embrace a woman's right to terminate her pregnancy by abortion?

    96. The Decision 7-2 YES The Court held that a woman's right to an abortion fell within the right to privacy (recognized in Griswold v. Connecticut) protected by the Fourteenth Amendment.

    97. Casey v Planned Parenthood of S. Chester County (1992) PA Abortion Control Act of 1982 required spousal notification and parental notification

    98. Constitutional Question Can a state require women who want an abortion to obtain informed consent, wait 24 hours, and, if minors, obtain parental consent, without violating their right to abortions as guaranteed by Roe v. Wade?

    99. The Decision (Bitter) 5-4 decision Struck down the spousal notification as an undue burden Upheld the 24 hour waiting period, informed consent, and parental consent Set the standard for the country **Ended “abortion on demand”

    100. Gonzales v Carhart (2007) Decision: A 2003 law banning one type of Partial Birth abortions IS constitutional 5-4 decision Originally struck down because it did not include an exception in case a mother's life was at stake Court believed that the law was written to ban the ‘intact’ D & E

    101. N.J. v T.L.O. (1983) 2 girls accused of smoking in school Principal searches purses and locker Found drugs and paraphenalia Girls suspended Q: Did the search violate the 4th Amendment?

    102. The Decision 6-3 No The search : Had probable cause Was reasonable Performed ‘in loco parentis’

    103. Scott v Harris (2007) Victor Harris -19- left a quadriplegic after a high speed police chase Driving erratically, over 100 miles/ hr with suspended license Refused to pull over for speeding Police use “PIT maneuver “-- precision intervention technique video clip

    104. Constitutional Question 1. Are high speed police chases constitutional? 2. Can the police be sued by the suspect?

    105. The Decision 8-1 Police chases ARE constitutional, AND suspects may NOT sue “Reasonable force” to protect community.

    106. Moot Court

    107. Moot Court Outline, Rubric & Cases Each debate will follow this format: 2 sides: 1 pro (for), 1 con (against) A coin flip decides who goes first. The winner is Team A. Teacher introduces the case and the participants. INTRO 1 minute introduction, summary of your argument, start with Team A Arguments & Rebuttal Team A starts and has 3 minutes to present their most convincing argument as to why the court should rule in their favor. When finished, Team B has 1 minute to rebut (challenge any point (s) made by Team A. Team B now has 3 minutes to argue their point, then Team A has a 1 minute rebuttal Closing Arguments Team A has 1 last chance to win in 1 remaining minute. Team B gets the same.

    108. Rubric: What am I looking for? Each area is worth 4 / 20 points (100 point project) Format: Did you follow the format? Meet time requirements? Provide an outline of your side’s argument / points? Class Participation: Attendance? On-task in class? Justice role? Cooperation: Offer ideas? Do your fair share? Logic: Effective ‘if / then’ argument showing constitutional tie-in and precedent? Presentation: Eye contact? Convincing? Good speech?

    109. Case Summary 1. Is the placing of a GPS device on a suspect’s car without a warrant constitutional? 2. Is the use of torture during interrogation of ‘enemy combatants’ (ie: terrorists) constitutional? 3. Is an amendment to ban gay marriage constitutional? 4. Is a law that states if a pregnant woman is killed, the charges against the perpetrator are doubled - - for both the woman, and her fetus, constitutional? 5. Is the current system of differing state by state procedures and regulations regarding the death penalty constitutional? 6. Is an amendment to allow for presidential line item vetos constitutional?

    110. Notes: *You will need to sign up for a date to argue. Attendance that day is a must. Failure to show on the assigned date results in a 50% grade reduction for that person. All other members are expected to continue without absent member. *Do not forget to turn in an outline of your team’s argument / points by _______________. *Decide as a whole team what the constitutional question is before you start outlining your case.

    111. Deck v Missouri (2005) Carmen Deck’s was convicted of murder The Long’s gave him everything he asked for At sentencing phase, he was shackled with leg irons, hand cuffs and a belly chain

    112. Constitutional question Does shackling a convicted offender during the penalty phase of a capital case violate the due process clauses of the 5th and 14th Amendments, and the 6th amendment right to a fair trial?

    113. The Decision 7-2 YES Constitution forbids the use of visible shackles during both a capital trial’s guilt and sentencing phases Unless justified by essential state interests

    114. Board of Education v Earls (2002) School district required all students in middle and high school who wish to participate in extra-curriculars to submit to a drug test 2 parents brought suit – illegal search and seizure

    115. Constitutional Question Is the Student Activities Drug Testing Policy consistent with the Fourth Amendment?

    116. The Decision 5-4 YES The policy reasonably serves the School District's interest in detecting and preventing drug use among its students In loco parentis extracurricular activities diminished the expectation of privacy obtaining urine samples and maintaining test results was minimally intrusive on the students' limited privacy interest

    117. Kyllo v US (2001) Federal agents suspect Kyllo of growing marijuana Use a thermal imaging device to scan his triplex Scan results taken to judge to procure warrant – Kyllo arrested

    118. Constitutional Question Does the use of a thermal-imaging device to detect relative amounts of heat emanating from a private home constitute an unconstitutional search in violation of the Fourth Amendment?

    119. The Decision 5-4 YES The Government used a device that is not in general public use, to explore details of the home that would previously have been unknowable without physical intrusion, the surveillance is a 'search' and is presumptively unreasonable without a warrant

    120. Hazelwood v Kuhlmeier (1988) Players & background School newspaper Mr. Emerson, Faculty advisor Mr. Reynolds, Principal Articles on pregnancy and divorce Censorship Articles pulled instead of edited (YEAR END ISSUE) 1st amendment -CJ – William Rehnquist

    121. Constitutional Question Did the principal's deletion of the articles violate the students' rights under the First Amendment?

    122. The Decision No. 5-3 First Amendment did not require schools to affirmatively promote particular types of student speech. Schools must be able to set high standards for student speech schools retained the right to refuse to sponsor speech that was "inconsistent with 'the shared values of a civilized social order.'" actions were "reasonably related to legitimate pedagogical concerns."

    123. Helling v McKinney (1993) William McKinney Prisoner Cell mate smoked 5 packs of cigarettes/day Officials were “deliberately indifferent” 8th Amendment

    124. Constitutional Question May an inmate sue to prove that his Eighth Amendment right to be free from cruel and unusual punishment has been violated by prison officials who act with "deliberate indifference" to the future health risks associated with second-hand smoke?

    125. The Decision 7-2 YES Supreme Court held that McKinney's suit stated a reasonable claim that, if proven, could be grounds for relief under the Eighth Amendment prohibition of cruel and unusual punishment

    126. Georgia v Randolph (2006) Scott Randolph arrested for cocaine possession in home No warrant Wife consented to search He did not

    127. Constitutional Question Can police search a home when one physically present resident consents and the other physically present resident objects?

    128. The Decision 5-3 NO When two co-occupants are present and one consents to a search while the other refuses, the search is not constitutional Without some very good “reason”, no sensible person would go inside under those conditions

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