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41 Cards in this Set
- Front
- Back
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1.When was the Constitution drafted?
2 When was the Constitution ratified? 3.How many amendments were added to Constitution? |
1. 1787
2. 1789 3. 27, the first ten are called the Bill of Rights. |
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What are the jobs of each branch of government?
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The Legistlature makes laws, the courts interpret them and the executive enforces them.
By limiting powers of the various branches the constitution guarantees that no one branch gains too much power. |
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Judicial Review
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Power gives the courts the right to revieew legislative enactments and to determine if any law is inconsistent with the Constitution. Because constitution is supreme law of the land, any law inconsistent with the constitution is unenforceable.
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What is a good rule of thumb to determine if federal law applies?
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If Federal funds are involved, at least one element of Federal law is involved.
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What are the areas of law covered by both State and Federal law?
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Consumer Protection, employment, environmental protection, health law, labor law, occupational safety, subsidized housing, transportation, unemployment insurance, veterans and welfare law.
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Define Substantive law
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The rules of law themselves. The definition and punishment of crimes is substantative law Can be both civil or criminal.
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Sources of Federal Law
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U.S. constitution, Federal Statutes (congress passed laws), and Federal Cases (includes Fed admin regulations and cases between parties that are from different states).
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Procedural Law
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The laws that cover how the law is upheld. In criminal law it is common to have questions of procedure, and these issues often form the basis for appeal. Ie. Whether police have the right to search your house. Sources are Statutes ofLimitations and Bill of Rights.
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Supremacy Clause
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The clause in the Constitution that calls the constitution the law of the land. When conflicts arise between State and Federal laws, the Federal laws trump.
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Brown v Board of Education (1954)
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Separate educational facilities for black and white students were unconstitutional. Overruled Plessy v Ferguson (1896) which held that separate but equal facilities were constitutional. Note: 50 years between cases.
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Gideon V Wainright (1963)
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Gideon was a poor man, arrested for petty theft, he was so poor, he was unable to post bail.
Gideon thought the 6th amendment requrired all persons right to counsel and requested the trial court appoint counsel; they denied; he tried his own case and was found guilty, sentenced to 5 years. Gideon hand wrote his own writ of ceriorti from jail, Supreme Court appointed Abe Fortas to defend. Supreme Court ruled in felony case in State court has right to counsel under 14th amendment. Gideon re-tried and found innocent. |
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Bretts v Brady (1941)
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Bretts was indicted for burglary and requested counsel and denied. The 6th amendment states in all criminal prosecutions the accused shall enjoy the right to have assistance of counsel for his defense, and this was challenged. The court decided the 14th amendment that required states not to deny any person equal protection did not require States to provide everyone with a lawyer, only those with special circumstances.
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Is the 1st amedment to right to freedom of speech unlimited?
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No. Laws that prohibit obsenity or punish individuals for making untrue statements that harm another's reputation or incite violence are not covered.
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The Supreme Court guidlines used in freedom of speech cases...
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1.Speech can't incite physical injury.
2. Advertising "speech" must be truthful and not misleading. 3. Defamatory statements are not protected 4 Obscenity not protected; not all explicit material is obscene. 5. Money is speech (campaign spending) |
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Free Exercise Clause
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The clause in the 1st amendment that prohibits government from enacting any law that interferes with a person's right to freely practice religion.
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Establishment Clause
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The clause in the 1st amendment that prohibits the government from enacting any law that results in the establishment of religion.
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Incorporation Doctrine
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The doctrine that specific rights expressed in the Bill of Rights are included in the concept of due process under the 14th amendment and thereby made applicable to states.
Neither Federal nor State government can violate rights found in the Bill of Rights. |
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Marbury v Madison
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"power of judicial review"
The case arose when president john adams nearing end of term appointed Marbury as a lower court judge. The appointment was confirmed on the day before the inauguration of the new president. James Madison refused to complete the paperwork needed for Marbury to take office. Supreme Court decided it did have power to interpret constitution and invalidate laws that conflict with interpretation |
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Miranda v Arizona
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Held: A criminal defendant in a state case must be advised of various rights before being subjected to custodial interrogation.
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Roe v Wade (1973)
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A State law banning abortion was unconstitutional because it violated the right to privacy implied in the 14th amendment. Since Roe v Wade Court has decided several cases dealing with laws that somehow seek to limit the right of women to choose. The court seems to believe that some restrictions are reasonable while affirming that a total ban on abortion is still unconstitutional.
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Bush v Gore
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Recount procedures in an election must be standard from district to district or the procedures violate the Equal Protection Clause.
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What is subject matter in the 4th amendment?
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Searches and Seizures
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What is subject matter in the 5th amendment?
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Confessions, double jeopardy, and grand jury hearings.
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What is the subject matter in the 6th amendment?
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The court process including right to an attorney, and the right to a jury trial.
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What is the subject matter in the 8th amendment?
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Bail and cruel and unjust punishment.
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First Amendment to Constitution
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Freedom of Speech, Freedom of Religion
Includes Establishment Clause that prohibits government from enacting any law that results in establishment of religion. Includes Free exercise clause prohibits government from enacting any law that interferes with any persons right to practice a religion. |
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Limitations on free speech
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When it injures others i.e.: yelling "fire" in a crowded theater.
Advertisements of tobacco products results in more use of tobacco and leads to health problems. burning a cross on a persons property. |
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Connections between interstate commerce and civil rights.
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The interstate commerce clause in the 14 amendment gives congress the power to regulate areas that affect interstate commerce. This class has aided congress to enact several laws prohibiting discrimination by businesses who are involved in interestate commerce. This clause was used to enforce the civil rights actions forcing integration among blacks and whites.
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Separation of Powers
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Each branch of government has its own role and the roles are completely separate.
Legislature makes laws, Judiciary interprets laws and makes laws through binding case law. Executive branch enforces laws. |
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Rational basis test
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A test used by courts when examining the constitutionality of a law. It requires that the law have a reasonable connection to a legitimate state purpose.
Any law that interferes with life, liberty, or property must meet the due process standard. |
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Which Articles or Amendments in the Constitution give congress power to enact civil rights legislation?
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Most important 14th amendment which prohibits a state from enacting any law that has the power to take away life liberty or due process. 13th amendment abolishes slavery
15th anyone can vote |
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How is the constitution organized?
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7 articles dealing with the creation and powers of federal government. 27 amendments
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What is power of judicial review?
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Power of courts to review laws, acts and statutes and determine if a law is constitutional. Is is an important part of the checks and balances of power in the 3 government branches.
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What protections are found in the Bill of Rights?
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Speech, religion, bear arms, searches and seizures, jury trials.
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Regents v Bakke (1978)
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A school admission policy based on racial quotas is unconstitutional.
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Marvin v Marvin
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A case involving an unmarried couple who separated. The lower court granted judgment on the pleadings for the defendant leaving him with all property accumulated during the relationship. Supreme Court Reversed and Remanded because they said there was a valid contract and the woman could change her petition to include that the agreement was made after the mans divorce was final.
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What does it take to amend California Constitution?
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5% of total voters or by initiative you can put an item on the ballot that amends the constitution by creating a new law. To do this, it takes 3% of voters. Not all states allow initiatives, so the way we amend is different.
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Can California give more rights in its constitution than Federal government?
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Yes, but States can't give less than the Federal government gives in terms of rights.
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In a criminal case, what happens if there are 8 counts against a defendant?
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The state has to prove all 8 counts. Cases can take weeks.
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How many articles does the California Constitution have?
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35!
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What is the historical progression of segregation in public schools?
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1849 first time school segregation was challenged.
1863 Lincoln declared emancipation. 1896 Louisiana case upheld segregation, Plessy v Ferguson (8-1 decision) Briggs v Elliot Showed segregation hurt black kids challenged constitutionality. (3-1 decision) 1952 Brown v Board of Education Separate but equal violated rights under 14th amendment. This issue took 100 years to resolve. |
