Overview of
Amendments and
Clauses
Ellen Hwang
Melissa Baker
Alison Ho
Melissa Culhane
1st Amendment:
includes the freedoms of religious
expression, speech, press, assembly, and petition. Freedom of religious expression prohibits the federal
government from making a law "respecting an establishment of religion, or prohibiting the free exercise
thereof." Each citizen is entitled to believe and practice their own religion and the government is generally
not allowed to interfere with that, but it is not absolute
Melissa
Culhane
- Reynolds vs. United States (1879): The first case to really examine this was
Reynolds vs. United States in 1879. In the nineteenth century some members of
the Mormon church practiced polygamy, despite a federal law banning it. The
Supreme Court upheld the criminal conviction of one of these members
practicing polygamy, overriding his claim that the first amendment protected his
right to religious beliefs. This case defined the court’s stance that while people
are definitely free to believe whatever they want, they cannot necessarily
practice however they want. Especially where vampirism or sacrifices might
come into play, the court protects people’s ability to believe in these things but
not to act them out
-Engel vs. Vital (1962): The Supreme Court notably does not recognize the power
of public schools/institutions to force prayer on students. In Engel vs. Vitale in
1962 it was declared unconstitutional for state officials to have an official school
prayer and encourage its use in public schools. Basically, under the first
amendment all citizens have every right to believe in their religion and support a
religious cause, but cannot enforce it upon others or practice it if it is deemed
harmful or inappropriate.
1st Amendment (cont):
The freedom of speech is your political
right to communicate your opinions and ideas. People’s thoughts cannot be censured and everybody is
entitled to their own opinion. Democracies have long been struggling to decide if this broad right requires
a limit at some point, and if so where to put it. There is no blanket rule where a person crosses a line and
their right becomes void, but generally the freedom is not absolute and commonly subject to limitations, as
with libel, slander, obscenity, sedition, copyright violation, and revelation of classified information
Melissa
Culhane
- Schenck vs. United States (1919): In the Schenck vs. United
States of 1919, Charles Schenck, secretary of the Socialist
party of America, distributed anti-war pamphlets in opposition
to the world war 1 draft. He claimed he was innocent under
the first amendment but the court disagreed, establishing the
clear and present danger doctrine to determine under what
circumstances limits can be placed on First Amendment
freedoms of speech, press or assembly
- Gitlow vs. New York (1925): The clear and present danger
was also in effect in Gitlow vs. New York in 1925, where the
first amendment’s protection did not stop Benjamin Gitlow
from being arrested for publishing a document advocating the
violent illegal overthrow of the government and breaking the
Criminal Anarchy Law.
1st Amendment (cont):
Freedom of the
press or freedom of the media is the freedom of communication and expression through various channels, including
media and published materials. Freedom of assembly is the individual right to come together and collectively
express, promote, pursue and defend common interests. Freedom of petition is the right to make a formal complaint
to the government without fear of punishment
Melissa
Culhane
- Near vs. Minnesota (1931): Called the first great press case, Near vs Minnesota was
the first court cases to deal with the boundaries of the freedom of the press aspect of
the first amendment. Jay near was co-publisher of a scandalous newspaper that
printed controversial things along the lines with yellow journalism, publicly bashing
local officials and was taken to court. In a close vote the Supreme Court held that
censorship is largely unconstitutional except in some cases and that Near was within
his right to publish what he wanted. This case also strengthened the notion that a
prior restraint of the press violates the First Amendment
- New York Times Co. vs. Sullivan (1964): In the midst of the civil rights movement, the
New York Times Published a full page ad defending Martin Luther King, Jr and asking
for funds to defend him against a perjury indictment. King was previously arrested in
Alabama and the Times made false accusations against the Montgomery city
officials, which public safety commissioner OL.B. Sullivan sued for because he
claimed the inaccurate criticisms caused defamation for him and his position. The
court sided unanimously with the Times, establishing the actual malice standard.
Since there was no proof that the Times knowingly printed false information it was not
considered slander and they were protected under the first amendment.
2nd Amendment:
gives the state the right to have a
Ellen
Hwang
militia and individuals the right to bear arms. In 1787, states were afraid of the federal government
becoming too powerful. As a result, the court gave the states the power to have their own militias
- United States vs. Cruikshank (1876): The first case to help interpret the second amendment. The
court recognized that the right to bear arms was already allowed by the people but was not stated in
the Constitution. This case charged three conspiracy KKK members who tried to prevent blacks
from having their civil rights, including the right to bear arms for legal intent. At this time, the court
had only ruled that the second amendment allowed the states to maintain a militia. So, the court ruled
that because the right to bear arms was not stated in the Constitution, and the second amendment
could not be regulated or controlled by Congress, the federal government had no power to people
who violated the amendment. Therefore, if someone were to violate the law, a person would have to
look to the police power of their state.
- Presser vs. Illinois (1886): A man named Herman Presser was arrested for parading armed men around
Illinois. He defended that being arrested for such was a violation of his second amendment. The
court ruled that Presser had the right to bear arms independently from the second amendment, and if
the state was to control and keep them from bearing arms, then the state would be interfering with
the federal militia.
- United States vs. Miller (1939): This case applied the Second Amendment to a federal firearms
statute. The Supreme Court decided that the second amendment was one that gave people the right to
bear arms for when it is time to serve the state’s militia. To add, the case described the types of guns
that were necessary and helpful in contributing to the militia. This took weapons such as a sawed-off
4th Amendment:
This amendment protects people
Melissa
Baker
from unlawful searches and seizures. In addition,
it requires investigators to obtain proper warrants with exact details of who, what,
and where they will be searching.
Olmsted v. United States (1928):
• Without judicial approval, federal agents installed wiretaps near Roy
Olmstead's basement and near his house because Olmstead was a suspected
bootlegger. With the information acquired through the wiretapping, Olmstead
was convicted for conspiracy to violate the National Prohibition Act by
importing, possessing, and selling illegal liquors.
• Katz v. United States (1967)
• Federal agents wired a phone booth that was often used by Mr. Katz with
listening devices. Information attained from the listening devices was used in
his trial in which he was accused of illegally wagering information (betting). The lower
court ruled that this was not a search because it did not penetrate the phone booth
walls, based on the ruling of Olmstead v. United States. However, the Supreme Court
ruled that the listening devices violated Mr. Katz's privacy under the Fourth
Amendment. Wiretapping counts as a search.
The Olmstead case ruled that a tap of a telephone did not violate the 4th
amendment because it was neither a search nor seizure. There was no entry of
houses or buildings to get this information. This ruling was then reversed with the
Katz case. Justice John Harlan ruled that the 4th amendment pertains to protection
5th Amendment
Melissa
Culhane
- The fifth amendment protects people from abuse of the government during
legal proceedings. It requires a grand jury indictment for prosecution of
serious crimes, and a person can’t be prosecuted more than once for the
same offense. It specifies that there can be no loss of life, liberty, or
property without due process of law, which means people must have notice,
an opportunity to be heard, and the right to defend themselves in an orderly
proceeding (the government cannot make up rules as they go along). When
people “plead the fifth” it means they are asserting their right to not
incriminate themselves, so they have no compulsion to confess and testify
against themselves.
- Miranda vs. Arizona: The case Miranda vs. Arizona greatly defined this
amendment. Ernesto Miranda was arrested based on circumstantial
evidence and was never informed of his right to remain silent or right to an
attorney, and after being convicted the supreme court overturned his case
because the arresting officers did not read him his rights. Now the Miranda
warning is given to all those arrested, and their case is only admissible if
they are told their Miranda rights and if they understood them.
6th Amendment
Alison
Ho
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Overview: Protects the rights of individuals charged with federal crimes to defend themselves in a court trial.
Right to a speedy, public trial by an impartial jury. Authorities can't purposely hold a person for an unnecessarily
long time while waiting for a trial.
Trials must be conducted in public to assure that justice is carried out in the full view of the people.
Person accused may ask to be tried by a judge alone.
The accused may also ask to have his or her trial moved to another community-change of venue- when
unfavorable publicity shows that the defendant cannot receive an impartial trial at the original location.
Gives the accused the right to know the charges against them and the right to hear and question all witnesses
against them while given the right to convince witnesses to appear at the trial and testify in their behalf.
Have the right to be defended by a lawyer.
Jury must hear witnesses and evidence on both sides before deciding the guilt or innocence of a person charged
with a crime.
Legal counsel must be provided to a defendant if he or she can't afford one.
Miranda v. Arizona(1966)- Ernesto Miranda was arrested for kidnapping and sexual assault. He signed a written
confession without being told before the questioning about protection against self-incrimination and his basic rights
to counsel. The court used his confession and found him guilty(convicted for 20 years). The Chief Justice Earl
Warren stated that convictions made without proper procedure informing the accused may be overturnedMiranda's conviction was overturned. *This case is why law enforcement officers have to read you your rights
before you are taken into custody.
Gideon v. Wainwright(1963): Clarence Gideon was charged in a state court with breaking and entering. He didn't have
enough money to hire a lawyer, and was denied when he asked to be provided with a legal counsel. He defended
himself and was found guilty. The Supreme Court ruled that the Sixth Amendment's guarantee of counsel was a
fundamental right, and therefore states were bound to it. Gideon was given the right to representation by a courtappointed attorney.
8th Amendment:
Melissa
Baker
This amendment enforces that
no excessive bail or fines be imposed on the criminal and that they shall not be inflicted
with cruel or unusual punishments. Nothing or nobody has outlined what "cruel or unusual
punishments"
specifically means.
Francis v. Webseber(1947)
• Willie Francis was a 16-year-old black youth who was convicted of murder in
Louisiana. He was sentenced to death by electrocution. The chair seemed to
malfunction and did not provide an electric current sufficient to kill Francis. In
the time that the chair was being fixed, Francis looked for a way to get out of
his second execution. They ruled that the attempting of a second execution
after the first one fails does not violate the 8th amendment's prohibition of cruel
and unusual punishment. It was just an unfortunate event that it did not kill him
the first time.
• Salerno v. United States(1987)
• Anthony Salerno, a member of the mafia, was caught violating the Racketeer
Infuenced and Corrupt Organizations Act (RICO Act) and was arrested. He
was detained after being arrested. The government felt that he was a threat
to the community and did not allow him to post bail. Salerno challenged the
government, saying that they violated his 8th amendment rights to post bail.
The Court disagreed saying that it does not promise him the right to bail.
• "Cruel and unusual punishment" is a term that is relative to the time period. The
Francis v. Webseber case is an example how the death sentences back then were
normal but definitely "cruel and unusual" now. It would be considered torture. In
addition, the 8th amendment states that no excessive bail or fines will be imposed
on the criminal. This does not mean that they are promised the right to bail in every
case, as enforced in the Salerno v. United States case.
9th Amendment:
protects the rights not explicitly
stated otherwise. It is supposed to ensure that just because the other amendments outline
the rights the government cannot violate, it does not mean that there are rights that the
government can infringe upon. Any right not enumerated is still retained by the people
Melissa
Culhane
- Griswold vs Connecticut (1965): a landmark case for the supreme court, it
was the first case that protected a person's right to privacy, a right not
otherwise stated in the bill of rights or other amendments. A dated and
rarely enforced connecticut law banned the use and promotion of
contraceptives, which Griswold and partner Buxton were guilty of as owners
of a local Planned Parenthood. They were taken to court and fined for
violating the state's restrictions, but the Supreme court defended them
because people have a constitutional right to marital privacy protected by
the ninth amendment
- Roe vs Wade (1973): The famed decision regarding abortions can be
classified under the ninth amendment as a woman's right to make decisions
for her own body and decide to have an abortion. The debate about
abortion is ever present and has hardly been resolved, but there were
compromises made with respect to the restrictions of a particular state,
viability of the fetus and health of the mother/
Ellen
Hwang
10th Amendment
Description: Excluding the powers prohibited by the constitution
to the states, the powers the Consitution does not assign to the
federal government is delegated to the states or the people.
This amendments keeps the federal government from
becoming too powerful
Court Cases:
- New York vs. United States (1992): A federal program during this time was giving
states the choice to provide for radioactive waste disposal or “take title to the
waste”. This implied and basically would force New York to follow up with the
federal regulatory program. New York stated that Congress did not have this power
to force these regulations because it was against the 10th amendment. As a result,
the court held that the Constitution did not state that Congress could force a federal
regulatory program with a “take title” provision.
Alison
Ho
13th Amendment
Overview: Abolished Slavery and authorized Congress to pass legislation
implementing its abolition.
Prohibits the binding of a person to perform a personal service due to
debt.
Slavery or involuntary servitude except as a punishment of crime may not
be exercised in the United States.
Final piece in ending slavery in the United States.
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Bailey v. Alabama (1911)- Alonzo Bailey was an African American from
Alabama who agreed to work for the Riverside Company for one year for
$12 per month with an advance of $15. He stopped working after a little
over a month but never refunded the money. He was brought to court on a
testimony that he stopped working, without cause, failed to repay the money
advanced to him and that he was a Negro. The Court found that holding a
person criminally liable for taking money for work not performed was
outlawed by the Thirteenth Amendment, because it required that person to
work rather than be found guilty of a crime.
Alison
Ho
14th Amendment
Overview: National Citizenship
Granted citizenship to all persons born in the United States. Therefore granting
citizenship to former slaves.
All citizens are entitled to equal protection of the laws.
States the number of Representatives will be determined based on the population
in the state. However, if any state denies the right to vote then the number of
representatives will be reduced.
Penalty for engaging in insurrection. People who have participated in insurrection or
rebellion against America may not hold any position in government unless Congress
removes the ban with 2/3 vote.
Public debt of the United States, authorized by law, cannot be questioned.
The United States or individual states cannot pay off debts obtained in the aid of
insurrection or rebellion against the United States. These debts and claims will be
held illegal and void and they will not be able to collect compensation.
Due Process Clause-prohibits state and local governments from depriving persons
of life, liberty, or property without certain steps being taken to ensure fairness.
Regardless of race, sex, religious beliefs and creed.
Equal Protection Clause-requires each state to provide equal protection under the
law to all people within its jurisdiction.
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Ho
14th Amendment(cont.)
Brown v. Board of Education (1954)- Oliver Brown’s third grade daughter had to walk one mile to her black
school everyday even though there was a white school closer. His daughter was denied enrollment
because she was black. The Court decided that segregation in public schools was unconstitutional
because it denied equal protection.
Roe v. Wade (1973)- Jane Roe(Norma McCorvey) was a single pregnant mother in Texas who wished to end
her pregnancy with an abortion. She was denied the abortion because it was illegal under Texas law
unless the mother’s life was threatened by the pregnancy. She stated that these laws were
unconstitutional because they violated her right if personal privacy. The court ruled that a woman’s right to
an abortion was protected under the fourteenth amendment(right to privacy). This ruling enabled women
to have complete control over their pregnancy during the first trimester and defined other state policies
regarding the second and third trimesters.
UC Regents v. Bakke (1978)- Allan Bakke, 35 year-old white male, was rejected twice by UC Davis’s Medical
School. His GPA and test scores were far superior to a decent majority of students that were admitted
both years he was rejected. Research showed that admissions required 16 black students per 100
students each year. Bakke argued that his rejection was based solely on race. The Courts ruled that the
UC Davis Medical School violated the equal protection clause of the fourteenth amendment and the Civil
Rights Act. They ordered Bakke’s admission to the school.
Planned Parenthood v. Casey (1992)- Pennsylvania required informed consent of women, 24 hour waiting
period after finding out if they were pregnant, the informed consent of at least one parent if the woman
was a minor, notification of the spouse, and reporting requirements for abortion facilities. 5 abortion clinics,
one individual and a class of abortion clinic physicians wanted Pennsylvania to reject this law, stating that
it went against the ruling of Roe v. Wade. The Court upheld all the provisions except for the spousal
Alison
Ho
15th Amendment
Overview: Right to Vote
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The right to vote cannot be denied by the United States
or individual states based on race, color, or previous
conditions of servitude.
Gave minority groups the right to vote when before they
were denied the right because of literacy tests, white
primaries, and poll taxes.
16th Amendment:
allows the Congress to put an
income tax without apportioning it among the states or basing it on Census results. It exempts income taxes from
the constitutional requirements regarding direct taxes and after income taxes on rents
- Pollock
Melissa
Culhane
v. Farmers' Loan & Trust Co. (1895): A case
that had first set the precedent for the subject of the
sixtheenth amendment and was eventually replaced by
it. In the case it was decided that income taxes on rents,
dividends, and interest were ruled to be direct taxes.
They were deemed unconstitutional because they
violated the provision that direct taxes be apportioned.
The decision was superseded in 1913 by the Sixteenth
Amendment, and a separate holding about the taxation
of interest income on certain bonds was overruled by the
Supreme Court in 1988 in the case of South Carolina v.
Baker
Alison
Ho
17th Amendment
Overview: Direct Election of Senators
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Gave the power to the people of the state to vote for
their Senator(two from each state, terms of 6 years,
each Senator gets one vote).
In the event of a Senate vacancy, the state must order
an election to fill the vacancy.
The state can give power to the governor to appoint
someone to fill the Senate seat until an election can be
held.
Melissa
Baker
19th Amendment
This amendment guarantees all
American women the right to vote. No
United States citizen will be denied
the right to vote based on their sex.
Ellen
Hwang
20th Amendment:
Divided into 6 sections:
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Section 1 states that the term of the President and Vice President end on January 20th, and the terms of
Senators and Representatives end on January 3rd on the year the term is supposed to end.
o Purpose: to reduce time between Election Day and beginning of federal office terms. Before the
President would not take office until March 4th and this caused government to become inefficient
because the outgoing President would not be doing much and the incoming President could not deal
with issues until he took office.
Section 2 highlights that at least once per year, Congress should gather together at noon on January 3rd
unless otherwise stated by law to be on a different day.
Section 3 states that the Vice President would take the position of President if the President were to die.
This section also adds that if a President has not been chosen by the beginning of his term or if the
President fails to qualify as so, then the Vice President would still take the place of President. If neither
the President nor Vice President qualifies for some reason, then Congress can legally declare someone to
act as President until the President or Vice President does quality as such.
Section 4 states that in the case of the death of a President, the House of Representatives would have the
right to choose who could take his place. If the Vice President was to die, the Senate would have the right
to choose a person to take his place.
Section 5 was created to declare that when this article is ratified, Sections 1 and 2 would take action on
October 15th.
Section 6 states that this article cannot take action unless it has been approved by three-quarters of state
legislatures as to becoming an amendment in the Constitution.
Ellen
Hwang
22nd Amendment
Description: This amendment states that someone cannot
be elected as President more than two times and the
President can only hold two terms.
The Constitution of 1787 did not set any limits on the number of terms a
President could serve. George Washington was well respected by the
people and could have easily served as many terms as he wanted, but he
chose to serve no more than two terms. Unlike Washington, FDR served a
total of four terms until he died in office in 1945. The death of FDR made
people begin to think that the two term limit was good for the country and
it would probably not be good if a democracy let someone run the country
for more than a decade. This amendment was greatly influenced by George
Washington.
Ellen
Hwang
24th Amendment
Description: This amendment gives citizens the right to vote for any election or
primary of the President and Vice President, for the electors for the President or
Vice President, and for any other position in Congress. This amendment makes sure
that no person is denied the right to vote if he or she does not pay a poll tax or any
other tax.
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This amendment was created because during the Jim Crow-era, southern states
would make blacks pay a poll tax in order to prevent blacks from voting. The 24th
amendment was passed during the civil rights movement and ratified by 38 states
and later 3 more. There are still 6 states in the south that have not ratified it, but
because the 24th amendment is now implemented into the Constitution, it gives
any citizen the right to vote.
Court Cases
Harman vs. Forssenius (1965): This was a Supreme Court case that ruled that
Virginia violated the 24th amendment because the state created a law that partially
eliminated their poll tax. Virginia attempted to only allow the poll tax to be waived
if the person who planned on voting filled out a certificate of residency six months
Melissa
Baker
25th Amendment
Description: This amendment deals with the succession of the President, and
provides procedures for filling a vacancy in the Vice President office as well
responding to Presidential disabilities. The Vice President will become
President if the President dies or resigns. The President will nominate a
Vice President, if there is a vacancy, who will be confirmed upon a majority
vote of both Houses of Congress. Also, if the President declares that he is
unable to carry out his powers and duties, the
Vice President will become the Acting President and carry out those roles. If
the President then wants to come back, the Acting President and 2/3s vote
of both Houses can overrule his decision to come back if they see him as
unfit to carry out his duties as President.
This amendment allowed President Ronald Reagan to step down while
under goinga colonoscopy. A pre-cancerous lesion was discovered and
Reagan chose to undergo surgery immediately instead of a couple weeks
later. After talking to him White House counsel about it, Reagan chose to
transfer his power under the 25th amendment. He thought that it was in the
best interest of the country if he were to give over his roles while being
hospitalized. He then transferred his powers to George H. W. Bush and
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Melissa
Baker
26th Amendment
This amendment makes it legal for
every United States citizen 18 and
over to vote. Their right to vote will
not be denied based on age by the
United States or by any state. The
Congress will have the power to
enforce this.
Ellen
Hwang
Advice and Consent
Description: This clause allows the US Senate the right to advise and approve treaties
signed by the President and federal positions, such as Supreme Court judges,
ambassadors, or Cabinet secretaries, appointed by the President. For a treaty, to be
approved, the President must get two-thirds of consent from the Senate. The
Founding Fathers were always afraid of authoritarian control, so the clause
reassured that there is a balance in power.
Court Case:
Myers vs. United States (1926): A first-class postmaster named Frank Myers was
removed from office by President Woodrow Wilson in 1920. Myer stated that
President Wilson violated the 1876 federal law stating that postmasters were
appointed and removed by the President only if it was advised and consented by the
Senate. Though Myers’s statement of the statute was true, the court found that it
was unconstitutional because it did not reassure separation of powers between the
legislative and executive branches. This case ruled that the President had the right
to remove executive officers without the consent of any legislative body.
Melissa
Baker
Commerce Clause
Description: This clause gives Congress the enumerated power "To regulate Commerce with
foreign Nations, and among the several states, and with the Indian Tribes". "Commerce"
has many interpretations and gives the Supreme Court great flexibility in deciding cases
involving the Commerce Clause in addition to great power to influence the balance of state
and federal power.
• This clause does not only give Congress the power to regulate commerce among
the states but how they carry out their interstate commerce too. The Hicklin v.
Orbeck case made it illegal for states to favor their own residents when dealing
with interstate commerce. So Congress can virtually use the Commerce Clause to
change anything that has to do with interstate commerce. But sometimes, like in
the Seminole Tribe of Florida v. Florida ca, an ingress tries to stretch its power to
regulate commerce too far and ends of falling short.
Court Cases
Hicklin v. Orbeck(1978)
Alaska passed the Alaska Hire statute that required that Alaskan residents be hired before non-residents for jobs related
to the oil and gas industry. They thought that this would help the economy in Alaska. The Supreme account deemed the
law unconstitutional, saying that the Commerce Clause prohibits states from preferring their own residents in using
natural resources found in the state but bound for interstate commerce.
Seminole Tribe of Florida v. Florida (1996)
The Seminole Tribe wanted to gamble on their reservation and requested that Florida enter into a negotiation under the
Indian Gaming Regulatory Act. This Act required states to negotiate with Indian tribes regarding their gaming. Since
Florida refused, the Seminoles were allowed to sue under the Act. When they tried to sue Florida, Congress
intervened and tried to make Florida enter the negotiation by ending the state's immunity from civil suits under the
Alison
Ho
Elastic Clause
Elastic Clause(Necessary and Proper Clause): Congress has the power to
make all laws that are necessary and proper for carrying out its powers(
make laws that they deem necessary).
McCulloch v. Maryland (1819): Maryland passed a law stating that any bank not directly
chartered by the state congress would have to pay extra taxes(their attempt to close
the US National Bank in Baltimore). James McCulloch, a cashier at the bank, refused
to pay the tax and was sued by Maryland because the state believed it had the power
to tax any business within the state and because the Constitution had nothing stated
about the power of creating a National Bank. He lost and was forced to pay the fine.
The Supreme Court overturned the decision because the government had implied
rights that were not stated in the Constitution. The creation of a bank was “necessary
and proper” for establishing the legitimacy of the national government, which means
that taxing the bank was against congressional powers. They also came to the
conclusion that the government had the power to incorporate a national bank and that
taxing parts of the national government interfered with the execution of constitutional
power.
Example: If too few people sign up/volunteer for the Army or Navy, Congress has the
power to draft people.
Alison
Ho
Supremacy Clause
Overview: Assures that the Constitution and federal laws and treaties take
priority over state law; it also binds all judges to adhere to that principle in
court. No state law or state Constitution may conflict with any form of
national government.
Ware v. Hylton (1796): Virginia passed a law during the Revolutionary War that allowed
the state to seize debt payments by their citizens to British creditors. The Supreme
Court found this law to be inconsistent with the Treaty of Paris with Britain(protected
the rights of British creditors). The Court used the Supremacy Clause to decided that
the Treaty superseded the Virginia law and that it was the duty of the courts to
declare the Virginia law ‘null and void.’
Cooper v. Aaron (1956): Arkansas wanted to nullify the Court’s school desegregation
decision in the Brown v. Board of Education case. The state acted on the states’
rights and adopted several statutes designed to nullify the desegregation ruling. The
Supreme Court rejected the state's attempt stating the federal law controlled the
ruling and that it could not be nullified by state laws or officials(relied on the
Supremacy Clause to enforce this).
Establishment Clause
Melissa
Culhane
-The establishment clause goes along with the first amendment, which along
with the free exercise clause prohibits the establishment of a national
religion by Congress or the preference of one religion over another. The
second part is called the accommodation interpretation, and it prohibits
Congress from preferring one religion over another, but does not prohibit
the government's entry into religious territory to make adjustments in order
to achieve the purposes of the Free Exercise Clause
- Lemon vs, Kurtzman (1971): ruled that Pennsylvania's 1968 Nonpublic
Elementary and Secondary Education Act allowing the state superintendent
of schools to reimburse nonpublic schools (mostly catholic)for the salaries
of teachers who taught non religious material in these nonpublic schools
violated the Establishment Clause of the First Amendment. This court
decison established the Lemon Test for all future cases: to be contstitutional
the governments action must have nonreligious legislative purposes, it
cannot either advance or inhibit religion, and government action cannot
result in excessive entanglement into religious territory
Full Faith & Credit Clause
Melissa
Culhane
- Says that states have to play nice with one another and
respect decsions made in other states; meant to unify
the new country while preserving the autonomy of the
states
-Until the Supreme Court struck down all laws banning
interracial marriage in 1967, a number of states banned
interracial marriage and did not accept interracial
marriage certificates issued in other states. The full faith
and credit clause was never used to force a state to
recognize a marriage it did not wish to recognize. It
happens now with gay marriages, some being legal in
some states and illegal in others, and with marijuana,
having been decided to be legal in Colorado and illegal