BLS 342 exam 1

• Enumerated Powers
• 1. Levy and collect taxes
• 2. Borrow money against credit of the US
• 3. Regulate interstate and foreign commerce
• 4. Establish uniform rules of bankruptcy and naturalization
• 5. Coin money and set standards of weights and measures
• 9. Constitute tribunals inferior to US supreme court
• 18. Make all laws which are neccesary and proper to carry out the power of the government

• Limitations of Congress' power
• 1. Writ of habeus corpus
• 2. No ex-post facto law will be passed
• 3. No tax or duty passed on exports from another state

• What states can't do
• 1. Impair Contracts
• 2. Levy a duty on imports
• 3. No state shall enter into a contract with another state or foreign power without the consent of congress

President elected by electoral college

• 1. President is the commander of the Army and Navy
• 2. Has power to grant reprieves and pardons
• 3. power to make treaties if approved by senate
• 4. appoints ambassadors, public ministers and consuls, judges of the supreme court, and all other officers of the US

President, VP and all civil officers will be removed from office for conviction of treason, bribery, or other high crimes and misdemeanors

Gives power to supreme court

• 1. All federal laws
• 2. Ambassadors, ministrels, and consuls
• 3. Admiralty and maritime cases
• 4. US is a party
• 5. Controversies between 2 or more states
• 6. Controversies between a state and citizens of another state
• 7. Controversies between citizens of different states (diversity jurisdiction)(concurrent jurisdiction)
• 8. Constitutional issues (concurrent jurisdiction)

• Original jurisdiction
• (ambassadors, ministers, consuls;controversies between states, controversies between state and citizens of another state)

• Appellate juridiction
• (case started in lower court and was appealed up)

• 1. Federal Jurisdiction
• 2. Supreme Court Original jurisdiction
• 3. Jury trial in federal court

Treason: levying war against the US, or helping US enemies

States give full faith and credit to public acts, records, and judicial proceedings of every other state

• Privileges and immunities clause
• -can't treat citizens of another state differently than you treat citizens of your state

Admission of new states

Each state guaranteed a republican form of government

• Congress can make amendments to the constitution
• (2/3 of both houses need to think it's necessary)

Federal constitution is the supreme law of the land, wins of state constitutions and legislature

9 states sign to ratify the constitution

Freedom of Speech, Press, Religion, and Assembly

• 1. Clear and present danger test
• 2. Defamation
• 3. Disturb the public peace
•   -harassment/threatening
• 4. Treason
• 5. National Security
• 6. Censorship

• Same as freedom of speech, but harder for public officials and public figures to sue for libel
• 1. prove malicious intent
• 2. prove poor reporting techniques used

• 1. free exercise clause
• 2. establishment clause

People have the right to keep and bear arms

• 1. Kill other people
• 2. Kill your own people
• 3. Lots of architecture
• 4. Spectacles
• 5. Centralization
• 6. Propaganda
• 7. Instability
• 8. Pretty (palaces, gardens etc.)

Soldiers will not be quartered in someone's house without the owner's consent

• 1. People are safe against unreasonable searches and seizures
• 2. Warrants only issues for probably cause
• 3. Warrants need to be clear
• -describe place to be searched and things to be seized

• 1. Stop and Frisk
• 2. Incident to a lawful arrest
• 3. Incident to a lawful incarceration
• 4. Under the authority of a search warrant
• 5. There is probably cause and no time to obtain a search warrant
• 6. Vehicle lawfully in custody
• 7. Evidence in plain view
• 8. Consent to the search
• 9. Any other reasonable search and seizure

• 1. Privilege against self-incrimination
• 2. Indictment for capital or infamous crimes
• 3. Double jeopardy
• 4. Due process clause

• (legislative enactments)
• 1. Law is too vague
• 2. Law is too broad
• 3. Law is too narrow

• (legislative enactments)
• 1. Proper Purpose
• 2. Penalty must bear reasonable relationship to purpose
• 3. Must not be arbitrary or discriminatory

• 1. Right to a speedy and public trial
• 2. Right to an impartial jury
• 3. Right to be informed of the nature and cause of the accusation
• 4. Confrontation of witness
• 5. Compulsory process for obtaining witnesses in your favor
• 6. Assistance of counsel in your defense

• 1. prohibits excessive bail or fines
• 2. prohibits cruel and unusual punishment
• 3. Only criminal penalties are fines, imprisonment, and death

Just because rights were listed doesn't mean that people don't have other rights

Powers not given to the US, and not prohibited to the states are reserved for the states or the people

• 1. Prohibits slavery and involuntary servitude
• 2. Except as punishment for a crime

Congress has the power to enforce the article by appropriate legislation

• 1. Privileges and immunities clause
• 2. Due process Clause
• 3. Equal Protection Clause

• (all about classification)
• 1. Law must not be arbitrary or unreasonable in its application
• 2. Law must not be discriminatory within the classification
• (Race is per se unconstitutional)

• 1. Alien
• 2. Residency

(government has to show a compelling state interest to justify these classifications)

• 1. Sex/gender
• 2. Illegitimate Children
• 3. Zoning
• 4. Age
• 5. Indigence (being poor)
• 6. Felons and Prisoners
• (Government has to show a reasonably or rationally related interest)

• All citizens can vote regardless of race, color, or previous servitude
• (only men, not women, also have to be 21)

Government/congress can levy taxes on incomes

• 1. Prohibition, alcohol banned
• 2. Can't make, sell, or transport it

Voting rights cannot be denied due to gender/sex

• Repeals 18th amendment
• (alcohol is no longer banned)

Citizens 18 and older can vote

• 1. Identify the court(s)
• 2. Identify the parties
• 3. Identify the issue(s) that have to be resolved
• 4. Reasoning of the court
• 5. Holding
• 6. Disposition (affirmed, remanded, vacated, reversed)

Courts usually stick by previous decisions

Looks at a group as a whole to determine whether they have an impact on interstate commerce.

Petitioner v. Respondent

Appellant v. Appellee

Plaintiff v. Defendant

Ohio Revised Code, Ohio Jurisprudence

laws in ohio

United states code annotated

federal laws

American Law reports

specific topics

American Jurisprudence, Corpus Juris Secundum

state and federal government

US supreme court reporter, US supreme court reporter lawyer's edition, supreme court reporter

Supreme court

Federal reporter

federal appeals court

Federal Supplement

federal district courts

Appellate cases in ohio

Regional reporters

decisions in those regions