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2a. US Constitutional Law - 002 - 2017
2a. US Constitutional Law - 002 - 2017
Overview
U.S. Constitution
Constitutional amendments
Declaration of Independence
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Historical Background
1775-76: Battles between British and revolutionary troops.
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US v. Lopez, 1995:
• Federal law mandating a "gun-free zone" near public
schools was struck down because it did not affect
interstate commerce, and there was no other clause in
the Constitution giving Congress the power to enact
such a law.
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Impeachment
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Executive Orders
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Executive Orders
EOs are legally binding orders given by the
President, acting as the head of the
Executive Branch, to Federal Administrative
Agencies.
3500
3721
3000
2500
2000
1500
1,081
1081
1000
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Impeachment
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Indictment
Can a President be investigated for crimes
while still in office?
Emoluments Clause
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Key protections:
• Life tenure
• Guaranteed salary
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“The judicial Power shall extend to all cases, in law and equity,
arising under this Constitution, the laws of the United States, and
treaties made . . . under their authority;
--to all cases affecting ambassadors, other public ministers and
consuls;
--to all cases of admiralty and maritime jurisdiction;
--to controversies to which the United States shall be a party;
--to controversies between two or more states;
--between a state and citizens of another state;
--between citizens of different states;
--between citizens of the same state claiming lands under grants of
different states, and between a state, or the citizens thereof, and
foreign states, citizens or subjects.”
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Article IV:
Full Faith and Credit
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Article V:
Amending the Constitution
Vote of 2/3 (supermajority) of both houses of
Congress is required.
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Administrative Law
The Administrative Procedure Act of 1946
Governs the process by which agencies develop
and issue regulations
Includes requirements for publishing notices of
proposed and final rules in the Federal Register,
and provides opportunities for the public to
comment on proposed rules
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Bill of Rights:
First 10 Amendments (ratified 1791)
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Bill of Rights
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First Amendment
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Freedom of Speech
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Second Amendment
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Third Amendment
Right to be free of arbitrary quartering of
soldiers in the home
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Fourth Amendment
Pre-arrest:
• Protection against unreasonable searches and seizures
• Mapp v. Ohio
Major issues:
• Warrant requirement
• Probable cause
• Stop and frisk
• Exclusionary rule
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• What is a “search”?
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Fifth Amendment
Key provisions:
Double jeopardy
Privilege against self-incrimination
Due process clause:
No person shall “be deprived of life,
liberty, or property, without due
process of law.”
Takings clause:
Taking private property for public use
requires just compensation.
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Sixth Amendment
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Seventh Amendment
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Eighth Amendment
• Punishment
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Amendment IX:
“The enumeration in the Constitution, of certain rights,
shall not be construed to deny or disparage others
retained by the people.”
Amendment X:
“The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are
reserved to the States respectively, or to the people.”
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