U.S. Constitution HIST 308
Long Beach State
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This 6 page Bundle was uploaded by Audra Oul on Tuesday February 9, 2016. The Bundle belongs to HIST 308 at California State University Long Beach taught by Martha Kadue in Spring 2016. Since its upload, it has received 37 views. For similar materials see Law and Civilization in History at California State University Long Beach.
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Date Created: 02/09/16
Monday, February 01, 2016 Short Papers for HIST 301 Law and Civilization 1. Select current issue involving law and societal influences a. This could be a trial, a new land, or an event that generate calls for new or amended laws 2. Identify specific societal influences and how the issue is affected Marbury v. Madison (1803) Acts of Congress Article III, Section 2 of the Constitution --the Supreme Court has original jurisdiction for cases affection public Ministers, Ambassadors, and counsel. The Supreme Court also has appellate jurisdiction. Appellate jurisdiction is the power of the upper court to review decisions of lower courts Three main functions of the federal government 1. Structure of the federal government: executive, judicial, and legislature 2. Relationship between the federal government and the state government 3. Relationship between the people and the government Article I: set up legislature Federal government had limited structure --legislative powers are in the Congress: Senate and House of Representatives Article II: Executive Powers --The Executive Powers are in the president of the United States Article III: set up judicial branch Judicial Power in one Supreme Court Supreme Court and inferior court shall hold office in God Behavior Received for their services; a compensation Why Constitution? Huge fear of power of central government. Something of an extreme concern 9 amendment: rights should not be denies to the people 10 amendment: powers are reserved to the states. 9 and 10 amendment is the relationship between the people and the government-basic rights of the people 4 amendment: against unreasonable search and seizures th 5 amendment: no double jeopardy, no self-incrimination, and private property should not be taken for private use Basic rights are fundamental rights th 6 amendment: right to a speedy jury trial 7 amendment: right to trial that costs $20 or more -Laws that the Congress must pass, it gives the court th 14 amendment: no person cannot deny someone life, liberty and property without due process Marbury v. Madison-concerns with the structure of the government Law the Congress pass to give court issue mandate of writ of mandamus Congress pass the law William Marbury wanted the writ of mandamus He wanted James Madison to deliver the commissions for the Supreme Court to deliver the commissions Limits to the jurisdiction Constitution government and structure of government-people set up Acts of congress or constitution- it is the constitution that has power Judicial power-can determine what the law is Mandamus is an order Judiciary: cannot force it. It is the executive branch Original jurisdiction- it is the first court that the issues comes to Appellate jurisdiction: jurisdiction to another court John Adams was the 2 ndpresident Rerun against Jefferson. National Federation of Independent Business v. Sebelius (2012) Constitutionality of Affordable Care Act individual mandate under -commerce clause -Judiciary authority Concerns with the relationship between the federal government and state government Can force people to buy insurance What is the commerce clause? Ability of the Congress to tax Article I Section 8 --Congress has the power to lay and collect taxes 16 amendment-income taxes Protects state industry from another state Commerce in 1787 1789 Commerce today is different Limits on how much grain could be grown Grow more not buying more Commerce clause did not cover buying insurance Insurance affects interstate commerce Congress can mandate to buy self-insurance Congress could relate to commerce- no power to create commerce If power to regulate, require buy vegetables Penalty-do not buy health insurance; tax power paid to IRS from taxes Congress have authority over commerce clause Civil Rights Act based on commerce clause Not Federal government but state government exercise power over health care, health insurance, state police power, health and welfare of the people Literal versus Functional Approach The literal is to punish The functional approach was to get taxed to look at the substantial function Within the rights of the state to regulate Provisions of constitution for federal government can act Riley v. California 1. Riley was arrested 2. Search is person… Concerns with the rights of the government v. people Cops looks through the cell phone Evidence do not have a gun If they have a wallet, can have a search The court said no cannot search the phone Can take object but cannot search it It is a privacy issue Different issue-paper on wallet fair game Quality of phone is different Medieval issue-financial information, who are with Information on cell phone is like going through someone’s house The quantity and quality of the phone is large Personal information from Riley Wednesday, February 3, 2016 *Obergefell v. Hodges --- liberty to define and express identity. The constitution protects the liberty. Marriages between same sex are lawful as under the terms of conditions of opposite sexes. 14 thamendment based on individual right to intimate choices. #First step to the constitution is what does the constitution say? That is the actual test. Justice Scalia-looks at the time of the constitution Looks at the due process clause of the 14h amendment th th 14 amendment is post-Civil Rights amendment 1868, aftermath of 14 amendment Ratified by the borders of the state Entitled to life, liberty, and property Precedence done by a man and a woman Reading words does not say everything about constitution Society says what the fundamental rights are Liberty to make decisions Liberty: an individual liberty to choose not a group An individual right To make good and bad choices Sees liberty as changing 1860 right to same sex marriage Revisits to the state No state had provision for same sex marriage 14h amendment do not limit liberty. Is there a remedy to it? Other option than legislature Do not like constitution amend it Determine what the constitution protects No opinion involved Looked at accepted 1868 People-It is does apply up to people through state legislature or constitution 2/3 of House of Representatives and 2/3 of Senate and 1/3 of states Change constitution every time have election *Originalist looks the Constitution at the time Justice Kennedy looks at the majority; at the intent of the people Looks at the idea of liberty not defined by a particular moment Use broader term like liberty Looks at the liberty He writes for the majority- most justices vote for it He writes words like liberty and constitution Need to have fundamental right 2nd amendment the right to bear arms #2 ndtheory to look at the constitution People drafted the 14 amendment Think about what liberty intended to mean It is the individual to make decisions about life Decide the difference between slave labor and labor What are the terms and conditions? Making personal decisions Look at liberty-whatever five justice say it is Security feels as our protection Look at particular issues depends over time-one of them being marriage Society attitude of marriage can change All ramifications of marriage has to be stable 1868-did not provide laws for divorce *society change, law changes Manage important societal age Karl N. Liewellyn on law and civilization Learn things about order Family is primary place where are learned or enforced th 14 amendment family created generational family Family changed over time Societal change about homosexuality Only 5 people can define what the individual rights are or the role of the court Early 1960s-challenge legitimacy 5 one side and 4 on the other side *Stop majority to infringe the rights of individuals Activist judge- one rules A third looks at the precedence (decisions made previously) Take to different positions What is wrong then, it is wrong now Courts do not like to change their rules Cannot make laws that do not apply do not want to seem like changing *It is serious thing to override a precedence *Direct Marketing vs. Brohl Order online- do not pay sales tax Required used tax and California for sales taxes Colorado-cannot force outside of the state merchants States does not have jurisdiction of the company Used tax is to require the state to tax what is shipped. A tax is collected Buy a shirt is sales tax Not in California do not have to pay tax Some other states do not require sales tax Ruling in 1967-no internet but catalogues Colorado-3 million dollars in sales not including sales tax # Third is Precedence; it is important Justify overrule Half states affected The standard is nexus-the connection between the state and business Amazon do not have states but a warehouse # Fourth is Criteria: consequences of paying a particular case Suppose to take account the 2 Felonies is 25 years to life Examples of 3 strikes is consequences of the constitution The court shall interpret the constitution Does the real life consequences have their own constitution? Constitution says president has to be 35 years old What is liberty? What is the equal protection mean? Need consequences of reasonable and unreasonable Powers are given to each branch Natural law-concept of all mean are created with unalienable right Argument looks at the founder Based on a deity Opinion on the concept of God Gave man certain rights of the Bill of Rights Rights are kept to the people except slaves th 9 amendment: rights inherit to the people
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