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Article 1 Section 8
- 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
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Article 1 Section 9
- 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
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Article 1 section 10
- 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
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Article 2 Section 1
President elected by electoral college
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Article 2 Section 2
- 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
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Article 2 Section 4
President, VP and all civil officers will be removed from office for conviction of treason, bribery, or other high crimes and misdemeanors
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Article 3 Section 1
Gives power to supreme court
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Federal Jurisdiction
- 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)
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US Supreme Court 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)
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Article 3 Section 2
- 1. Federal Jurisdiction
- 2. Supreme Court Original jurisdiction
- 3. Jury trial in federal court
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Article 3 section 3
Treason: levying war against the US, or helping US enemies
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Article 4 Section 1
States give full faith and credit to public acts, records, and judicial proceedings of every other state
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Article 4 Section 2
- Privileges and immunities clause
- -can't treat citizens of another state differently than you treat citizens of your state
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Article 4 Section 3
Admission of new states
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Article 4 section 4
Each state guaranteed a republican form of government
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Article 5
- Congress can make amendments to the constitution
- (2/3 of both houses need to think it's necessary)
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Article 6
Federal constitution is the supreme law of the land, wins of state constitutions and legislature
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Article 7
9 states sign to ratify the constitution
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Amendment 1
Freedom of Speech, Press, Religion, and Assembly
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Restrictions on freedom of speech
- 1. Clear and present danger test
- 2. Defamation
- 3. Disturb the public peace
- -harassment/threatening
- 4. Treason
- 5. National Security
- 6. Censorship
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Restrictions of press
- 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
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Freedom of religion
- 1. free exercise clause
- 2. establishment clause
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Amendment 2
People have the right to keep and bear arms
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Characteristics of Tyranny
- 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.)
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Amendment 3
Soldiers will not be quartered in someone's house without the owner's consent
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Amendment 4
- 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
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Reasonable Searches and Seizures
- 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
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Amendment 5
- 1. Privilege against self-incrimination
- 2. Indictment for capital or infamous crimes
- 3. Double jeopardy
- 4. Due process clause
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Procedural due process
- (legislative enactments)
- 1. Law is too vague
- 2. Law is too broad
- 3. Law is too narrow
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Substantive due process
- (legislative enactments)
- 1. Proper Purpose
- 2. Penalty must bear reasonable relationship to purpose
- 3. Must not be arbitrary or discriminatory
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Amendment 6
- 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
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Amendment 8
- 1. prohibits excessive bail or fines
- 2. prohibits cruel and unusual punishment
- 3. Only criminal penalties are fines, imprisonment, and death
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Amendment 9
Just because rights were listed doesn't mean that people don't have other rights
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Amendment 10
Powers not given to the US, and not prohibited to the states are reserved for the states or the people
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Amendment 13 Section 1
- 1. Prohibits slavery and involuntary servitude
- 2. Except as punishment for a crime
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Amendment 13 Section 2
Congress has the power to enforce the article by appropriate legislation
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Amendment 14
- 1. Privileges and immunities clause
- 2. Due process Clause
- 3. Equal Protection Clause
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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)
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Inherently Suspect Classification
(government has to show a compelling state interest to justify these classifications)
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Suspect Classification
- 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)
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Amendment 15
- All citizens can vote regardless of race, color, or previous servitude
- (only men, not women, also have to be 21)
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Amendment 16
Government/congress can levy taxes on incomes
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Amendment 18
- 1. Prohibition, alcohol banned
- 2. Can't make, sell, or transport it
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Amendment 19
Voting rights cannot be denied due to gender/sex
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Amendment 21
- Repeals 18th amendment
- (alcohol is no longer banned)
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Amendment 26
Citizens 18 and older can vote
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Steps for analyzing a case
- 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)
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Doctrine of Stare Decisis
Courts usually stick by previous decisions
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Class of activities Test
Looks at a group as a whole to determine whether they have an impact on interstate commerce.
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Supreme Court Parties
Petitioner v. Respondent
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Appeals Court Parties
Appellant v. Appellee
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Trial Court Parties
Plaintiff v. Defendant
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ORC, O Jur
Ohio Revised Code, Ohio Jurisprudence
laws in ohio
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USCA
United states code annotated
federal laws
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ALR
American Law reports
specific topics
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Am Jur, CJS
American Jurisprudence, Corpus Juris Secundum
state and federal government
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U.S. , U.S.L.Ed., S. Ct.
US supreme court reporter, US supreme court reporter lawyer's edition, supreme court reporter
Supreme court
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F.
Federal reporter
federal appeals court
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F. Supp.
Federal Supplement
federal district courts
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O. App, O Ops, OS
Appellate cases in ohio
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N.E., A., S.E., S.W., S., P., N.W.
Regional reporters
decisions in those regions
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