CJL2062 constitutional law ackerman
What are the fundamental values of our democracy?
Democracy benefits us when speech is protected. With democracy everyone has equal opportunity's, voting, everyone can find happiness in their own way.
Executive Branch
Enforces laws
Judicial Branch
Interprets the laws, and how to apply them in real life situtations.
Supremacy Clause
In Article VI there's a provision which is considered the Supremacy Clause. Which establishes federalstatutes, constitution, and U.S treaties (supreme law of the land).
Legislative Branch
Makes laws
Federalsim
System of government in which power is divided between the national and state governments
The Fourteenth Amendment attempts to establish inclusion into the Constitution. How is this Amendment used in court?
The 14th amendment is used in courts by everyone no matter the color or race being equally justified.
Iceland is in the middle of building a new Constitution. The tactic they are using to keep this document as much by the people as for the people is crowd-sourcing their national charter. What are the pros of writing their constitution in this manner? Are there cons as well? Did our Founding Fathers crowd-source in 1787?
The pros of writing their constituion this way is that they get people involve rather than having politics. A con is that not everyone will have the same mindset meaning that not everyone will agree with what is chosen.
What is the Commerce Clause and what does it really say?
a federal power under the Constitution. In Article I, section 8 there is states that the Congress it authorized to regulate commerce with foreign Nations, and among the several States, and with Indian Tribes.
Which fundamental ideas make up the foundation of our democracy?
a political system for choosing who we want as a government, participation of everyone, and the protection of all citizens.
criminal law
a system of law concerned with the punishment of those who commit crimes.
When and where can you be searched without a warrant? Can you name more than one example?
an airport or when you are going to visit someone in jail, or entering court.
What does the equal protection clause in the Constitution say? In Loving V. Virginia in 1967, what did the court base their ruling on?
anyone can marry the race they want and the gender they'd like. The court based their ruling on the equal protection clause of the 14th amendment.
Why did the Founding Fathers not include a Bill of Rights in the original Constitution? List some of the reasons why.
because they saw that they had the ability to speak freely as a natural right that was protected by the 1st amendment.
Why should a government obey the laws it makes?
because it is the rule of law. The rule of law is that everyone must follow the law including the president as well.
Why would somebody who runs a business care about the relationship between federal government and the states?
because it ties in with federalism. It helps split the power between both the state and the central government. This would both help and hurt the business due to the state government having the power to create local government laws which is good, but also to regulate and tax the business that the person made.
Why would a local company not want the federal government to make a law that applies to all states?
because there are things that vary by location. With the federal government it can affect wages and base them on the state, which can make hiring very competitive. If there is a local company and not a nation wide company, there can be more of a struggle under regulations. That can cause the company to compete with very liJle. Commerce Clause can also be used as an excuse to abuse their powers over the business.
Why would it be important to us that the federal government can step in and make universal rules for all states?
because they would be creating gains for everyone and prices would drop for consumers.
Why did the Little Rock Nine need the federal government to step-in? Why did the states not protect the rights of the students?
because when the 9 black students tried enrolling in Central High they were being blocked by protesters. In 1954 the Supreme Court ruled in the Brown vs. Board of Education that school segregation was violating the Constitution on. President Eisenhower sent in federal troops to protect and escort the nine black students in the school.
How has the Fourteenth Amendment extended civil rights?
by guaranteeing citizenship to all persons born in the United States, which includes slaves as well. Giving everyone equal protection of laws.
What are the ways in which governments meet the needs and wants of citizens, manage conflict and maintain order and security?
by providing education, health systems, retirement plans, and many more things.
How should an elected official represent the interests of the people?
by telling the truth, not being a crook, and not making bad decisions.
The courts play a very important role in establishing the balance between individual rights and government regulation. What is the role of the courts according to the Constitution?
courts are to ensure everyone with equal justice. They protect our rights to protection and due process.
Commerce Clause
federal government under the Constitution
What does the term 'fundamental freedom' mean? What do you consider to be some fundamental freedoms?"
means that you can do anything you want to do as long that it is constitutional. Some fundamental freedoms are freedom of belief, speech, religion, and thoughts.
What rights would you lose if you were convicted of a felon? Is there an established path for convicted felons in your state to regain their rights? Do you believe this to be fair? Explain why or why not.
Convicted felons are deprived with the rights to vote. Yes, convicted felons can regain their rights when they have been taken away. No, I do not think that it is fair for people to get their rights taken away for making a mistake, because they technically lose their voice in the country.
How does federalism support a democracy?
Federalism supports democracy by having more chances in par8cipa8ng in poli8cs and also have access to the government due to all the levels it has.
Ratification
Formal approval, final consent to the effectiveness of a constitution, constitutional amendment, or treaty
Do you think the Constitution should be interpreted based on the Founders' original intent, or based on our own understanding of society's needs?
I think that the constitution should be interpreted by the founders original intent because nowadays many people disagree with many things. I think that the Constitution is good the way it is.
Imagine you are hearing the case of Wickard v. Filburn. Where do you fall on the case? What is your argument and why?
I would have to agree with the decision that was made by the court. Since there was a limit of how much wheat was able to be cropped and he exceeded the limits for his own goods. That would reduce the amount of money he would waste when buying wheat which would affect the commerce. If everyone was cropping wheats for themselves then the prices would drop tremendously.
List some characteristics of our national government before and afer the Constitution.
The natonal government before the Constitution had every state with its own rules and Construction. Each state was also its own union. Once the United States established the Constitution they were able to go to Virginia and vote/ solve problems together by sending representatives from each state to discuss the problems.
Does the Constitution require that every defendant have a good lawyer with resources to prepare an adequate defense?
Yes, the US Constitution requires that every defendant have a good lawyer. It also guarantees the rights to adequate representation.
What was the real catalyst to drive the states to unite?
due to the war against great Britain. Before they called themselves independent states like Nato for example. They saw that they couldn't really do much to defend themselves against others so by uni8ng they thought they can survive.
What are some of the rights the Fourteenth Amendment protects?
equal protection to the law for all individuals, granted citizenship to all born in the U.S. (slaves too)
What is the Supremacy Clause and what does it really say?
establishes that the federal Constitution and federal law take over state laws and state Constitution. What the Supremacy Clause really addresses is the legal status of laws and treaties being approved by congress under the "supreme law of the land".
treaties
formal agreements between nations
what rights do you posses
freedom of speech, rights to life and liberty, rights for work and education.
What is the amendment process and why is it difficult or complex?
in order for a Amendment to be passed it must be passed by 2/3 of both the houses of congress then be ratified by 3/4 of the states.
When did affirmative action begin and for what reason?
in the 1960's in the wake of the civil rights movement. It was intended to increase diversity in hiring and education.
Why is it important to amend the Constitution ?
it makes the system better. It takes part in revising the Constitution without having to start from scratch depending on today's world.
What is the goal of the principles and ideals underlying American democracy?
liberty and equality for all.
How does the Bill of Rights protect individual rights?
protecting your liberties no matter who you are and how much you are disliked.
Fundamental Rights
rights that have been recognized by the Supreme Court as requiring a high degree of protection from government encroachment
What are the rights and responsibilities of citizens of the United States?
that everyone has the rights to a lawyer no matter if you are poor, wealthy, innocent or guilty. Some responsibilities are paying taxes, and participating in elections.
Why should the responsibilities and powers of government be divided?
that way the limit of the branches don't exceed over one another. The intent is to prevent the concentra*on of power and provide for checks and balances.
Nationalism
the supremacy of the federal government over the states.
How are individual rights protected and social justice promoted within the context of majority rule?
Both minority and majority matter. The bill of rights protects the individuals from the government to prevent a tyranny from the minority.
Should there be limits on the influence of the interest groups?
No, there should not be a limit on the influence of the interest groups because that is one way to get in touch with the government.
What does the Westboro Baptist Church oppose? Under what amendment does the Westboro Baptist Church have the right to protest? What tools allows them to "fight" for what they believe in?
Opposes to homosexuality and gay rights. The Westboro Baptist Church has the rights to protest under amendment #1, which ia rights to free speech. The Constitutio and the Supreme Court was a tool that allowed them to "fight" for what they believed in.
Why does the Fourteenth Amendment get used more in court cases than any other amendment?
The fourteenth amendment gets used more in court cases than any other amendment to end discrimination. Either its due to an individuals sex, race, religion, or gender.
What was the purpose of the Fourteenth Amendment and exactly what does it mean? Does it say you have to be equal with all people?
The main purpose of the 14th amendment was to undo racial discrimination. The 14th amendment does not guarantee equality. For example you have to be a certain age to drive that right their discriminates the young ones.
states' rights
States Rights is a doctrine that the states have sovereign powers equal to the national government
Who brought about the 14th Amendment? What was its goal and when was it established?
The 14th amendment was established on June 13, 1866 Its goal was to grant the Bill Of Rights to former slaves. John A Bingham of Ohio was the primary person who brought about the 14th amendment
The Dred Scott case stated what? How was the 14th Amendment used to fix this decision?
The Dred Scott case stated that even though Dred Scott (slave) who lived in a free state and territory was not entitled to his freedom. African Americans can never be citizens. The 14th amendment was used to fix this decision by granting citizenship to all born in the U.S no matter the color.
What does "original intent" mean?
to fairly interpret the language and understand what was actuallyintended to be said and then look at what the court has said about the provision in the past.
