US GOVT. COURT CASES
ELEVENTH AMENDMENT
o the United States Constitution, which was passed by the Congress on March 4, 1794, and was ratified on February 7, 1795, deals with each state's sovereign immunity. This amendment was adopted in order to overrule the U.S. Supreme Court's decision in Chisholm v. Georgia, 2 U.S. 419 (1793). The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
SEVENTH AMENDMENT
o the United States Constitution, which was ratified as part of the Bill of Rights, codifies the right to a jury trial in certain civil cases, and asserts that cases may not be re-examined by another court.In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
necessary and proper clause
(also known as the Elastic Clause, the Basket Clause, the Coefficient Clause, and the Sweeping Clause[1]) is the provision in Article One of the United States Constitution, section 8, clause 18: The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
establishment clause
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free exercise clause
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SEVENTEENTH AMENDMENT
) to the United States Constitution established direct election of United States Senators by popular vote. The amendment supersedes Article I, § 3, Clauses 1 and 2 of the Constitution, under which senators were elected by state legislatures. It also alters the procedure for filling vacancies in the Senate, allowing for state legislatures to permit their governors to make temporary appointments until a special election can be held. Under the original provisions of the Constitution, senators were elected by state legislatures; this was intended to ensure that the federal government contained representatives of the states, and also to provide a body not dependent on popular support that could afford to "take a more detached view of issues coming before Congress".[1] However, over time various issues with these provisions, such as the risk of corruption and the potential for electoral deadlocks or a lack of representation should a seat become vacant, led to a campaign for reform. Reformers tabled constitutional amendments in 1828, 1829, and 1855, with the issues finally reaching a head during the 1890s and 1900s. Progressives, such as William Jennings Bryan, called for reform to the way senators were chosen. Elihu Root and George Frisbie Hoar were prominent figures in the campaign to maintain the state legislative selection of senators. By 1910, 31 state legislatures had passed motions calling for reform. By 1912, 239 political parties at both the state and national level had pledged some form of direct election, and 33 states had introduced the use of direct primaries. With a campaign for a state-led constitutional amendment gaining strength, and a fear that this could result in a "runaway convention", the proposal to mandate direct elections for the Senate was finally introduced in the Congress. It was passed by the Congress and on May 13, 1912, was submitted to the states for ratification. By April 8, 1913, three-fourths of the states had ratified the proposed amendment, making it the Seventeenth Amendment. Secretary of State William Jennings Bryan formally declared the amendment's adoption on May 31, 1913. Critics of the Seventeenth Amendment claim that by altering the way senators are elected, the states lost any representation they had in the federal government and that, in addition to violating the unamendable state suffrage clause of Article V, this led to the gradual "slide into ignominy" of state legislatures, as well as an overextension of federal power and the rise of special interest groups to fill the power vacuum previously occupied by state legislatures.[2] In addition, concerns have been raised about the power of governors to appoint temporary replacements to fill vacant senate seats, both in terms of how this provision should be interpreted and whether it should be permitted at all. Accordingly, noted public figures have expressed a desire to reform or even repeal the Seventeenth Amendment.
TWENTY THIRD AMENDMENT
) to the United States Constitution permits citizens in the District of Columbia to vote for Electors for President and Vice President. The amendment was proposed by Congress on June 17, 1960, and ratified by the states on March 29, 1961. The first Presidential election in which it was in effect was the presidential election of 1964. Prior to the passage of the amendment, residents of Washington, D.C. were forbidden from voting for President or Vice President as the District is not a U.S. state. However, they are still unable to send voting Representatives or Senators to Congress. The amendment restricts the district to the number of Electors of the least populous state, irrespective of its own population. As of 2011, that state is Wyoming, which has three Electors. However, even without this clause, the district's present population would only entitle it to three Electors. Since the passage of this amendment, the District's electoral votes have gone towards the candidates of the Democratic Party in every presidential election.Section 1. The District constituting the seat of Government of the United States shall appoint in such manner as the Congress may direct: A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment. Section 2. The Congress shall have power to enforce this article by appropriate legislation.
FORTEENTH AMENDMENT
) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Its Citizenship Clause provides a broad definition of citizenship that overruled the Supreme Court's ruling in Dred Scott v. Sandford (1857) that had held that people of African descent could not be citizens of the United States.[1] Its Due Process Clause prohibits state and local governments from depriving persons of life, liberty, or property without certain steps being taken to ensure fairness. This clause has been used to make most of the Bill of Rights applicable to the states, as well as to recognize substantive and procedural rights. Its Equal Protection Clause requires each state to provide equal protection under the law to all people within its jurisdiction. This clause was the basis for Brown v. Board of Education (1954), the Supreme Court decision which precipitated the dismantling of racial segregation in United States education. In Reed v. Reed (1971), the Supreme Court ruled that laws arbitrarily requiring sex discrimination violated the Equal Protection Clause. The amendment also includes a number of clauses dealing with the Confederacy and its officials.Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability. Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void. Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
TENTH AMENDMENT
) to the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791.[1] The Tenth Amendment states the Constitution's principle of federalism by providing that powers not granted to the federal government by the Constitution, nor prohibited to the States, are reserved to the States or the people.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.
NINETH AMENDMENT
...) to the United States Constitution, which is part of the Bill of Rights, addresses rights of the people that are not specifically enumerated in the Constitution.Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
equal protection clause
...part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws."[1] The Fourteenth Amendment Equal Protection Clause applies only to state governments, but the requirement of equal protection has been read to apply to the federal government as a component of Fifth Amendment due process. More concretely, the Equal Protection Clause, along with the rest of the Fourteenth Amendment, marked a great shift in American constitutionalism. Before the enactment of the Fourteenth Amendment, the Bill of Rights protected individual rights only from invasion by the federal government. After the Fourteenth Amendment was enacted, the Constitution also protected rights from abridgment by state leaders and governments, even including some rights that arguably were not protected from abridgment by the federal government. In the wake of the Fourteenth Amendment, the states could not, among other things, deprive people of the equal protection of the laws. What exactly such a requirement means has been the subject of much debate, and the story of the Equal Protection Clause is the gradual explication of its meaning.
EIGHTEENTH AMENDMENT
..of the United States Constitution established prohibition of alcoholic beverages in the United States. The separate Volstead Act set down methods of enforcing the Eighteenth Amendment, and defined which "intoxicating liquors" were prohibited, and which were excluded from prohibition (e.g., for medical and religious purposes). The Amendment was the first to set a time delay before it would take effect following ratification, and the first to set a time limit for its ratification by the states. Its ratification was certified on January 16, 1919, with the amendment taking effect on January 17, 1920. Demand for liquor continued, and the amendment resulted in the criminalization of producers, suppliers, transporters but not consumers. The police, courts and prisons were overwhelmed with new cases; organized crime increased in power, and corruption extended among law enforcement officials. The amendment was repealed in 1933 by ratification of the Twenty-first Amendment, the only instance in United States history that a constitutional amendment was repealed.Section 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited. Section 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation. Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
TWENTYETH AMENDMENT
..to the United States Constitution establishes the beginning and ending of the terms of the elected federal offices. It also has provisions that determine what is to be done when there is no President-elect. The Twentieth Amendment was ratified on January 23, 1933.[1]Section 1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin. Section 2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day. Section 3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified. Section 4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them. Section 5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article. Section 6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the
United States v. Lopez (1995)
The Gun-Free School Zones Act of 1990 (GFSZA) made it unlawful for any individual knowingly to possess a firearm at a place that he knew or had reasonable cause to believe was a school zone. Alfonso Lopez, Jr. (D), a 12th-grade student, carried a concealed and loaded handgun into his high school and was arrested and charged under Texas law with firearm possession on school premises. The next day, the state charges were dismissed after federal agents charged Lopez with violating the Act. The District Court denied Lopez's motion to dismiss the indictment, concluding that the GFSZA was a constitutional exercise of Congress' power pursuant to the Commerce Clause of Article I. The Fifth Circuit reversed, holding that the Act exceeded Congress' power under the Commerce Clause and was therefore unconstitutional. The Supreme Court granted cert.
Women's rights movement
are the rights and entitlements claimed for women and girls of many societies worldwide. In some places these rights are institutionalized or supported by law, local custom, and behaviour, whereas in others they may be ignored or suppressed. They differ from broader notions of human rights through claims of an inherent historical and traditional bias against the exercise of rights by women and girls in favour of men and boys.[1] Issues commonly associated with notions of women's rights include, though are not limited to, the right: to bodily integrity and autonomy; to vote (suffrage); to hold public office; to work; to fair wages or equal pay; to own property; to education; to serve in the military or be conscripted; to enter into legal contracts; and to have marital, parental and religious rights.[2]
privileges and immunities clause
also known as the Comity Clause) prevents a state from treating citizens of other states in a discriminatory manner. The text of the clause reads: The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
Romer v. Evans (1996)
is a landmark United States Supreme Court case dealing with civil rights and state laws. It was the first Supreme Court case to deal with LGBT rights since Bowers v. Hardwick (1986), when the Court had ruled that a law criminalizing sodomy was constitutional.[1] In 1992, an amendment to the Colorado state constitution (Amendment 2) that would have prevented any city, town, or county in the state from taking any legislative, executive, or judicial action to recognize gay and lesbian individuals as a protected class was passed by Colorado voters in a referendum. A state trial court issued a permanent injunction against the amendment, and upon appeal, the Colorado Supreme Court ruled that the amendment was subject to "strict scrutiny" under the Equal Protection Clause. The state trial court, upon remand, concluded that the amendment could not pass strict scrutiny, which the Colorado Supreme Court agreed with upon review. Upon appeal to the United States Supreme Court, the Court ruled in a 6-3 decision that the amendment did not even pass the rational basis test, let alone strict scrutiny.[2] The decision in Romer set the stage for Lawrence v. Texas (2003), where the Court overruled its decision in Bowers.[1]
Plessy v. Ferguson (1896)
is a landmark United States Supreme Court decision in the jurisprudence of the United States, upholding the constitutionality of state laws requiring racial segregation in public facilities under the doctrine of "separate but equal".[1] The decision was handed down by a vote of 7 to 1 with the majority opinion written by Justice Henry Billings Brown and the dissent written by Justice John Marshall Harlan. "Separate but equal" remained standard doctrine in U.S. law until its repudiation in the 1954 Supreme Court decision Brown v. Board of Education.[2] After the Supreme Court ruling, the New Orleans Comité des Citoyens (Committee of Citizens), which had brought the suit and arranged for Homer Plessy's arrest in order to challenge Louisiana's segregation law, replied, "We, as freemen, still believe that we were right and our cause is sacred."[3]
Lawrence v. Texas (2003)
is a landmark decision by the United States Supreme Court. In the 6-3 ruling, the Court struck down the sodomy law in Texas and, by extension, invalidated sodomy laws in thirteen other states, making same-sex sexual activity legal in every U.S. state and territory. The Court overturned its previous ruling on the same issue in the 1986 case Bowers v. Hardwick, where it upheld a challenged Georgia statute and did not find a constitutional protection of sexual privacy. Lawrence explicitly overruled Bowers, holding that it had viewed the liberty interest too narrowly. The Court held that intimate consensual sexual conduct was part of the liberty protected by substantive due process under the Fourteenth Amendment. Lawrence invalidated similar laws throughout the United States that criminalized sodomy between consenting adults acting in private, whatever the sex of the participants.[2] The case attracted much public attention, and a large number of amici curiae ("friends of the court") briefs were filed. Its outcome was celebrated by gay rights advocates, who hoped that further legal advances might result as a consequence.
ADA Americans with Disabilities Act 1990
is a law that was enacted by the U.S. Congress in 1990. It was signed into law on July 26, 1990, by President George H. W. Bush, and later amended with changes effective January 1, 2009.[3] The ADA is a wide-ranging civil rights law that prohibits, under certain circumstances, discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964,[4] which made discrimination based on race, religion, sex, national origin, and other characteristics illegal. Disability is defined by the ADA as "...a physical or mental impairment that substantially limits a major life activity." The determination of whether any particular condition is considered a disability is made on a case by case basis. Certain specific conditions are excluded as disabilities, such as current substance abuse and visual impairment that is correctable by prescription lenses. On September 25, 2008, President George W. Bush signed the ADA Amendments Act of 2008 (ADAAA) into law. This was intended to give broader protections for disabled workers and "turn back the clock" on court rulings that Congress deemed too restrictive.[5] The ADAAA includes a list of "major life activities."
The Brady Handgun Violence Prevention Act
is an Act of the United States Congress that instituted federal background checks on firearm purchasers in the United States. It was signed into law by President Bill Clinton on November 30, 1993, and went into effect on February 28, 1994. The Act was named after James Brady, who was shot by John Hinckley, Jr. during an attempted assassination of President Ronald Reagan on March 30, 1981.
TWENTYSECOND AMENDMENT
of the United States Constitution sets a term limit for election to the office of President of the United States. Congress passed the amendment on March 21, 1947. It was ratified by the requisite number of states on February 27, 1951.Section 1. No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this article shall not apply to any person holding the office of President when this article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this article becomes operative from holding the office of President or acting as President during the remainder of such term. Section 2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.
Full faith and credit clause
the familiar name used to refer to Article IV, Section 1 of the United States Constitution, which addresses the duties that states within the United States have to respect the "public acts, records, and judicial proceedings of every other state." According to the Supreme Court, there is a difference between the credit owed to laws (i.e. legislative measures and common law) as compared to the credit owed to judgments.[1] Judgments are generally entitled to greater respect than laws, in other states.[2] At present, it is widely agreed that this Clause of the Constitution has little impact on a court's choice of law decision,[3] although this Clause of the Constitution was once interpreted differently.[4]
SIXTHEENTH AMENDMENT
to the United States Constitution allows the Congress to levy an income tax without apportioning it among the states or basing it on Census results. This amendment exempted income taxes from the constitutional requirements regarding direct taxes, after income taxes on rents, dividends, and interest were ruled to be direct taxes in Pollock v. Farmers' Loan & Trust Co. (1895). It was ratified on February 3, 1913.The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.
THIRD AMENDMENT
to the United States Constitution is a part of the United States Bill of Rights. It was introduced on September 5, 1789, and then three quarters of the states ratified this as well as 9 other amendments on December 15, 1791. It prohibits, in peacetime or wartime, the quartering of soldiers in private homes without the owner's consent. No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
1ST AMENDMENT
to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances. Originally, the First Amendment applied only to laws enacted by the Congress. However, starting with Gitlow v. New York, the Supreme Court has applied the First Amendment to each state. This was done through the Due Process Clause of the Fourteenth Amendment, by what is called the Incorporation Doctrine. The Court has also recognized a series of exceptions to provisions protecting the freedom of speech.
FOURTH AMENDMENT
to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause. It was adopted as a response to the abuse of the writ of assistance, which is a type of general search warrant, in the American Revolution. Search and seizure (including arrest) should be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer, who has sworn by it. The Fourth Amendment applies to the states by way of the Due Process Clause of the Fourteenth Amendment. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.[1]
EIGHT AMENDMENT
to the United States Constitution is the part of the United States Bill of Rights (ratified 1789) prohibiting the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments, including torture. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual Punishment Clause applies to the states. The phrases employed originated in the English Bill of Rights of 1689.
SECOND AMENDMENT
to the United States Constitution is the part of the United States Bill of Rights that protects the right of the people to keep and bear arms. It was adopted on December 15, 1791, along with the rest of the Bill of Rights. The Supreme Court of the United States first ruled in 2008 that the Second Amendment protects an individual right to possess and carry firearms.[1] In 2008 and 2010, the Supreme Court issued two landmark decisions officially establishing this interpretation. In District of Columbia v. Heller, 554 U.S. 570 (2008), the Court ruled that the Second Amendment protects an individual's right to possess a firearm, unconnected to service in a militia[1][2] and to use that arm for traditionally lawful purposes, such as self-defense within the home within many longstanding prohibitions and restrictions on firearms possession listed by the Court as being consistent with the Second Amendment.[3] In McDonald v. Chicago, 561 U.S. 3025 (2010), the Court ruled that the Second Amendment limits state and local governments to the same extent that it limits the federal government.[4]
SIXTH AMENDMENT
to the United States Constitution is the part of the United States Bill of Rights that sets forth rights related to criminal prosecutions. The Supreme Court has applied the protections of this amendment to the states through the Due Process Clause of the Fourteenth Amendment. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.[note 1][1]
THIRTEENTH AMENDMENT
to the United States Constitution outlaws slavery and involuntary servitude, except as punishment for a crime. It was passed by the Senate on April 8, 1864, by the House on January 31, 1865, and adopted on December 6, 1865. On December 18, Secretary of State William H. Seward proclaimed it to have been adopted. It was the first of the three Reconstruction Amendments adopted after the American Civil War. President Lincoln and other Republicans were concerned that the Emancipation Proclamation, which in 1863 declared the freedom of slaves in ten Confederate states then in rebellion, would be seen as a temporary war measure, since it was based solely on Lincoln's war powers. The Proclamation did not free any slaves in the border states nor did it abolish slavery.[1] Because of this, Lincoln and other supporters believed that an amendment to the Constitution was needed.Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Section 2. Congress shall have power to enforce this article by appropriate legislation.[2]
NINETEENTH AMENDMENT
to the United States Constitution prohibits any United States citizen to be denied the right to vote based on sex. It was ratified on August 18, 1920. The Constitution allows the states to determine the qualifications for voting, and until the 1910s most states disenfranchised women. The amendment was the culmination of the women's suffrage movement in the United States, which fought at both state and national levels to achieve the vote. It effectively overruled Minor v. Happersett, in which a unanimous Supreme Court ruled that the Fourteenth Amendment did not apply to women or give them a right to vote. Susan B. Anthony and Elizabeth Cady Stanton drafted the amendment and first introduced it in 1878; it was forty-one years later, in 1919, when the Congress submitted the amendment to the states for ratification. A year later, it was ratified by the requisite number of states, with Tennessee's ratification being the final vote needed to add the amendment to the Constitution. In Leser v. Garnett (1922), the Supreme Court rejected claims that the amendment was unconstitutionally adopted.
FIFTEENTH AMENDT
to the United States Constitution prohibits each government in the United States from denying a citizen the right to vote based on that citizen's "race, color, or previous condition of servitude" (for example, slavery). It was ratified on February 3, 1870. The Fifteenth Amendment is one of the Reconstruction Amendments.Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. Section 2. The Congress shall have power to enforce this article by appropriate legislation.[1]
TWELVETH AMENDMENT
to the United States Constitution provides the procedure for electing the President and Vice President. It replaced Article II, Section 1, Clause 3, which provided the original procedure by which the Electoral College functioned. Problems with the original procedure arose in the elections of 1796 and 1800. The Twelfth Amendment was proposed by the Congress on December 9, 1803, and was ratified by the required number of state legislatures on June 15, 1804.he Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and all persons voted for as Vice-President and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted. The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.[1] The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.[2]
TWENTYFIRST AMENDMENT
to the United States Constitution repealed the Eighteenth Amendment to the United States Constitution, which had mandated nationwide Prohibition on alcohol on January 17, 1920. The Twenty-first amendment was ratified on December 5, 1933. It is unique among the 27 Amendments of the U.S. Constitution for being the only one to repeal a previous Amendment, and for being the only one to have been ratified by the method of the state ratifying convention.Section 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed. Section 2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited. Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
FIFTH AMENDMENT
to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to Magna Carta in 1215. For instance, grand juries and the phrase due process (also found in the 14th Amendment) both trace their origin to Magna Carta. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.[1]
Grantz v. Bollinger (2003)
was a United States Supreme Court case regarding the University of Michigan undergraduate affirmative action admissions policy. In a 6-3 decision announced on June 23, 2003, Chief Justice Rehnquist, writing for the Court, ruled the University's point system's "predetermined point allocations" that awarded 20 points to underrepresented minorities "ensures that the diversity contributions of applicants cannot be individually assessed" and was therefore unconstitutionalThe University of Michigan used a 150-point scale to rank applicants, with 100 points needed to guarantee admission. The University gave underrepresented ethnic groups, including African-Americans, Hispanics, and Native Americans, an automatic 20-point bonus on this scale, while a perfect SAT score was worth 12 points. The petitioners, Jennifer Gratz and Patrick Hamacher, both white residents of Michigan, applied for admission to the University of Michigan's College of Literature, Science, and the Arts (LSA). Gratz applied for admission in the fall of 1995 and Hamacher in the fall of 1997. Both were subsequently denied admission to the university. Gratz and Hamacher were contacted by the Center for Individual Rights, which filed a lawsuit on their behalf in October 1997. The case was filed in the United States District Court for the Eastern District of Michigan against the University of Michigan, the LSA, James Duderstadt, and Lee Bollinger. Duderstadt was president of the university while Gratz's application was under consideration, and Bollinger while Hamacher's was under consideration. Their class-action lawsuit alleged "violations and threatened violations of the rights of the plaintiffs and the class they represent to equal protection of the laws under the Fourteenth Amendment... and for racial discrimination." Like Grutter, the case was heard in District Court, appealed to the Sixth Circuit Court of Appeals, and asked to be heard before the Supreme Court.
Printz v. United States (1997)
was a United States Supreme Court ruling that established the unconstitutionality of certain interim provisions of the Brady Handgun Violence Prevention Act. The Gun Control Act of 1968The Gun Control Act of 1968 (GCA), Pub. L 90-618 and subsequent amendments established a detailed Federal scheme governing the distribution of firearms. The GCA prohibited firearms ownership by certain broad categories of individuals thought to pose a threat to public safety: convicted felons, convicted misdemeanor domestic violence or stalking offenders, persons with an outstanding felony warrant, fugitives from justice, unlawful aliens, persons with court-ordered protective orders issued against them, persons who have been involuntarily committed to a mental health facility, adjudicated mentally ill by a court, and others. Persons disqualified from firearms ownership for mental health reasons can apply to have this disability removed. States that do not maintain an application process to allow persons disqualified for mental health reasons to obtain relief from firearms prohibition face Justice Assistance Grant penalties. Section 105 of the NICS Improvement Amendments Act of 2007 (NIAA), cited as Pub. L. 110-180, § 105, provides for restoration of firearm ownership rights in mental health cases. Under NIAA it is up to each U.S. state to come up with its own application process; thus the procedure to regain one's rights vary from state-to-state.
Brown v. Board of Topeka, Kansas (1954)
was a landmark United States Supreme Court case in which the Court declared state laws establishing separate public schools for black and white students unconstitutional. The decision overturned the Plessy v. Ferguson decision of 1896 which allowed state-sponsored segregation. Handed down on May 17, 1954, the Warren Court's unanimous (9-0) decision stated that "separate educational facilities are inherently unequal." As a result, de jure racial segregation was ruled a violation of the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. This ruling paved the way for integration and was a major victory of the civil rights movement.[1]
Grutter v. Bollinger (2003)
was a landmark case in which the United States Supreme Court upheld the affirmative action admissions policy of the University of Michigan Law School. Justice Sandra Day O'Connor, writing for the majority in a 5-4 decision, ruled that the University of Michigan Law School had a compelling interest in promoting class diversity. The court held that a race-conscious admissions process that may favor "underrepresented minority groups," but that also took into account many other factors evaluated on an individual basis for every applicant, did not amount to a quota system that would have been unconstitutional under Regents of the Univ. of Cal. v. Bakke. Justices Ginsburg and Breyer concurred in judgment, but stated that they did not subscribe to the Court's belief that the affirmative measures in question would be unnecessary in 25 years. Chief Justice Rehnquist, joined by Justices Kennedy, Scalia, and Thomas, dissented, arguing that the University's "plus" system was, in fact, a thinly veiled and unconstitutional quota system. Chief Justice Rehnquist cited the fact that the percentage of African American applicants closely mirrored the percentage of African American applicants that were accepted. Justice Kennedy also dissented separately, arguing that the Court failed to apply, in fact, strict scrutiny as required by Justice Powell's opinion in Bakke. Both Justice Scalia and Justice Thomas also dissented separately.
Regents of the University of California v. Bakke (1978)
was a landmark decision by the Supreme Court of the United States that ruled unconstitutional the admission process of the Medical School at the University of California at Davis, which set aside 16 of the 100 seats for "Blacks," "Chicanos," "Asians," and "American Indians" (and established a separate admissions process for those 16 spaces). The "diversity in the classroom" justification for considering race as "one" of the factors in admissions policies was different from the original purpose stated by UC Davis Medical School, whose special admissions program under review was designed to ensure admissions of traditionally discriminated-against minorities. UC Davis Medical School originally developed the program to (1) reduce the historic deficit of traditionally disfavored minorities in medical schools and the medical profession, (2) counter the effects of societal discrimination, (3) increase the number of physicians who will practice in communities currently underserved, and (4) obtain the educational benefits that flow from an ethnically diverse student body. Justice Powell wrote the opinion for the Court, which was joined by Chief Justice Burger, Justice Rehnquist, Justice Stewart, and Justice Stevens, ordering UC Davis Medical School to admit Allan Bakke. Justice Powell's rationale, however, did not carry a majority of justices. Justice Powell, writing for himself save Part I and V-C joined by Justice Blackmun, Justice Brennan, Justice Marshall, and Justice White, and Part III-A joined only by Justice White, concluded that while the school had a compelling interest in a diverse student body and therefore could consider race as a "plus" factor in its admissions program (Part IV-D), it could not ex ante set aside seats specifically for a certain race, resulting in the automatic exclusion of others based only on race (Part IV-B). Chief Justice Burger, Justice Rehnquist, Justice Stewart, and Justice Stevens, while concurring in result, would have not relied on the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, but instead, Title VI of the Civil Rights Act.
McCulloch v. Maryland (1819)
was a landmark decision by the Supreme Court of the United States. The state of Maryland had attempted to impede operation of a branch of the Second Bank of the United States by imposing a tax on all notes of banks not chartered in Maryland. Though the law, by its language, was generally applicable to all banks not chartered in Maryland, the Second Bank of the United States was the only out-of-state bank then existing in Maryland, and the law was recognized in the court's opinion as having specifically targeted the U.S. Bank. The Court invoked the Necessary and Proper Clause of the Constitution, which allowed the Federal government to pass laws not expressly provided for in the Constitution's list of express powers, provided those laws are in useful furtherance of the express powers of Congress under the Constitution. This case established two important principles in constitutional law. First, the Constitution grants to Congress implied powers for implementing the Constitution's express powers, in order to create a functional national government. Second, state action may not impede valid constitutional exercises of power by the Federal government.
Gibbon v. Ogden (1824)
was a landmark decision in which the Supreme Court of the United States held that the power to regulate interstate commerce was granted to Congress by the Commerce Clause of the United States Constitution.[2] The case was argued by some of America's most admired and capable attorneys at the time. Exiled Irish patriot Thomas Addis Emmet and Thomas J. Oakley argued for Ogden, while William Wirt and Daniel Webster argued for Gibbons.
Seneca Fall convention
was an early and influential women's rights convention, the first to be organized by women in the Western world, in Seneca Falls, New York. It was planned by local New York women upon the occasion of a visit by Philadelphia-based Lucretia Mott, a Quaker famous for her oratorical ability, a skill rarely cultivated by American women at the time. The local women, primarily members of a radical Quaker group, organized the meeting along with Elizabeth Cady Stanton, a skeptical non-Quaker who followed logic more than religion. The meeting spanned two days, 19 and 20 July 1848, and had six sessions, included a lecture on law, a humorous presentation, and multiple discussions about the role of women in society. Stanton and the Quaker women presented two prepared documents, the Declaration of Sentiments and an accompanying list of resolutions, to be debated and modified before being put forward for signatures. A heated debate sprang up regarding women's right to vote, with many including Mott urging the removal of this concept, but Frederick Douglass argued eloquently for its inclusion, and the suffrage resolution was retained. Exactly 100 of approximately 300 attendees signed the document, mostly women. The convention was seen by some of its contemporaries, including featured speaker Mott, as but a single step in the continuing effort by women to gain for themselves a greater proportion of social, civil and moral rights,[1] but it was viewed by others as a revolutionary beginning to the struggle by women for complete equality with men. Afterward, Stanton presented the resulting Declaration of Sentiments as a foundational document in the United States woman's suffrage movement, and she promoted the event as the first time that women and men gathered together to demand the right for women to vote. Stanton published the History of Woman Suffrage between 1881 and 1922 which identified the Seneca Falls Convention as the start of the push for women's suffrage in the United States.[1] By 1851, another convention was organised, called the National Women's Rights Convention, in Worcester, Massachusetts, the issue of women's right to vote had become a central tenet of the United States women's rights movement.[2] These conventions became annual events until the outbreak of the American Civil War in 1861.
