United States v. Jones (2012)

1. United States v. Jones (2012) Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Respond to “In My Opinion…” in 3 to 5 lines.

2. United States v. Jones (2012) Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. According to the U.S. Supreme Court... In a 5 to 4 ruling, the Court held that the installation of a GPS tracking device on Jones' vehicle, without a warrant, constituted an unlawful search under the Fourth Amendment. The Court rejected the government's argument that there is no reasonable expectation of privacy in a person's movement on public thoroughfares and emphasized that the Fourth Amendment provided some protection for trespass onto personal property. http://www.oyez.org/cases/2010-2019/2011/2011_10_1259

3. The Need for Constitutional Interpretation Essential Questions: How does constitutional law bring meaning to the U.S. Constitution? Why is constitutional interpretation necessary?

4. Why is it necessary for the courts to interpret the Constitution? Constitutional Ambiguity The U.S. Constitution (and state constitutions as well) contains a lot of ambiguous language. For example: • Which types of searches are “unreasonable”? (4th Amendment) • Which punishments are “cruel and unusual”? (8th Amendment) • What does it mean to “establish” religion? (1st Amendment) “We are under a Constitution, but the Constitution is what the judges say it is” - Chief Justice Evans Hughes

5. Why is it necessary for the courts to interpret the Constitution? Advances in Technology The U.S. Constitution was ratified in 1789, and the Bill of Rights was ratified in 1791. There have been tremendous advances in technology since then. These technological developments must be applied to this 200 year-old document. For example: What new technology can law enforcement use to search and still be considered “reasonable”? What kinds of “speech” on the internet are protected?

6. Why is it necessary for the courts to interpret the Constitution? Evolving Societal Standards of Morality At the time that the U.S. Constitution was written, slavery existed and women were not permitted to vote. The U.S. Constitution must be able to adapt to new societal values through judicial interpretation. For example: In Thompson v. Oklahoma (1988), the U.S. Supreme Court banned the death penalty for offenders under the age of 16. The Court noted the "evolving standards of decency that mark the progress of a maturing society" as a primary reason for the decision. The Court used the same rationale for the Roper v. Simmons ruling in 2005.

7. American Law Constitutional Interpretation – The Equal Protection Clause Brown v. Board of Ed. (1954) Plessy v. Ferguson (1896) BackgroundHow did this case enter the court system? BackgroundHow did this case enter the court system? Constitutional Issue Amendment XIV, Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. RulingHow did the Supreme Court rule in this case? How did they apply the 14th Amendment in this case? RulingHow did the Supreme Court rule in this case? How did they apply the 14th Amendment in this case?

8. Why is it necessary for the courts to interpret the Constitution? Federalism Federalism is the constitutional arrangement in which government powers are divided (and sometimes shared) between the national government and state governments. The courts must sometimes decide whether the national or state government is infringing on the powers of the other. Government Power National Powers (Delegated Powers) Concurrent Powers (Shared Powers) State Powers (Reserved Powers)

9. Gonzalez v. Raich (2005) Article1, Section 8 The Congress shall have power to… To regulate commerce with foreign nations, and among the several states, and with the Indian tribes; Respond to “In My Opinion…” in 3 to 5 lines.

10. Gonzalez v. Raich (2005) Article1, Section 8 The Congress shall have power to… To regulate commerce with foreign nations, and among the several states, and with the Indian tribes; According to the U.S. Supreme Court... In a 6 to 3 ruling, the Court held that the commerce clause gave Congress authority to prohibit the local cultivation and use of marijuana, despite state law to the contrary. They reasoned that these local activities are part of a "class of activities" with a substantial impact on interstate commerce. Congress could ban local marijuana use because it impacted the national marijuana market. Local use affected supply and demand in the national marijuana market, making the regulation of intrastate use "essential" to regulating the drug's national market. http://www.oyez.org/cases/2000-2009/2004/2004_03_1454/ Video Clip: 60 Minutes

11. Why is it necessary for the courts to interpret the Constitution? Federalism Federalism is the constitutional arrangement in which government powers are divided (and sometimes shared) between the national government and state governments. The courts must sometimes decide whether the national or state government is infringing on the powers of the other. • Gonzales v. Raich (2005) – Does Congress have the power to prohibit the intrastate cultivation and use of marijuana even if it is in compliance with state law? According to SCOTUS…yes. Although states can legalize marijuana, it’s still illegal according to federal law. • South Dakota v. Dole (1987) – A federal statute threatened to withhold 5% of the federal highway funds from states that had a drinking age below age 21. Does this violate the power of each state to establish its own drinking age? According to SCOTUS…no. States can still enact their own drinking age, but all have a drinking age of 21 at this time.

12. Why is it necessary for the courts to interpret the Constitution? Separation of Powers Under this arrangement the legislative, executive, and judicial powers are exercised by separate and distinct branches of government. The courts must sometimes decide whether one branch of government is infringing upon the powers of another. Government Power Legislative Branch (Creates Laws) Executive Branch (Enforces Laws) Judicial Branch (Interprets Laws)

13. Why is it necessary for the courts to interpret the Constitution? Separation of Powers Under this arrangement the legislative, executive, and judicial powers are exercised by separate and distinct branches of government. The courts must sometimes decide whether one branch of government is infringing upon the powers of another. • Clinton v. New York (1998) – Does the Line Item Veto Act of 1996 infringe upon the legislative power of the U.S. Congress? According to SCOTUS…yes. A line item veto would allow the President to amend bills, but it is the job of Congress to make & amend laws. • United States v. Nixon (1974) – Does the separation of powers doctrine provide the president with an absolute “executive privilege” to withhold information from the other branches of government? According to SCOTUS…no. Nixon was ordered to turn over the Watergate Tapes.

14. Why is it necessary for the courts to interpret the Constitution? The Bill of Rights and Civil Liberties The U.S. Constitution protects many individual rights and freedoms. Many of these protections are listed in the Bill of Rights (the first 10 amendments), some are not explicitly listed at all but are assumed by the wording of the Constitution. The meaning and extent of these rights is determined by the courts.

15. Why is it necessary for the courts to interpret the Constitution? The Bill of Rights and Civil Liberties The U.S. Constitution protects many individual rights and freedoms. Many of these protections are listed in the Bill of Rights (the first 10 amendments), some are not explicitly listed at all but are assumed by the wording of the Constitution. The meaning and extent of these rights is determined by the courts. • Engel v. Vitale (1st Amend. – Establishment Clause) • Miranda v. Arizona (5th Amend. – Self Incrimination) • Gideon v. Wainwright (6th Amend. – Right to Counsel) • Roper v. Simmons (8th Amend. – Cruel and Unusual Punishments) • Brown v. Board of Ed (14th Amend. – Equal Protection Clause)

16. The Need for Constitutional InterpretationSummarizer: Constitutional interpretation is necessary because… (finish this statement in 25 to 40 words)

17. The Need for Constitutional InterpretationSummarizer: Constitutional interpretation is necessary because…much has changed since the document was written in 1787. The meaning of its vague words must also change to meet the demands of a constantly changing society.