CON LAW QUIZ #2 REVIEW Strict Construction Interpreting the constitution based on its literal test and historical context Commerce Clause Article 1, Section 8 of U.S. Constitution... CON LAW QUIZ #2 REVIEW Strict Construction Interpreting the constitution based on its literal test and historical context Commerce Clause Article 1, Section 8 of U.S. Constitution Gives congress the power to 'regulate commerce with foreign Nations, and among several states, and the Indian tribes.' Authorizes Congress to regulate economic activities that cross state lines or impact interstate commerce Aims to address trade disputes and economic fragmentation among states Concurrent Power(s) Powers that are shared by the federal government and the state governments Ex: power to tax Sovereign Immunity (re: states) Protection from civil liability for sovereign governments Sovereign nations may not be sued without their permission Provides stability and security for countries Virginia and Kentucky Resolutions Asserted the importance of states’ rights in the face of federal authority Introduced the concept of nullification, which later influenced the Southern states, during the Civil War Virginia Resolutions By James Madison Argued that the Alien and Sedition acts were unconstitutional Claimed that the states had the right to declare federal laws void if they exceeded the powers granted by the Constitution Kentucky Resolutions By Thomas Jefferson Emphasized the compact theory of government, suggesting that the federal government was a creation of the states Stated that the states could nullify federal laws they deemed unconstitutional Compact (among states or among people) (jeffersonian view) Since the states/people created the federal government via compact, they should have the final authority in determining when the federal government oversteps its constitutional limits Based on the belief that the Constitution is a compact among states, meaning states can judge the constitutionality of the federal government Compact among states Implies that the states have not given up powers to general government Compact among people Power resides in the people 11th Amendment A state may not be sued in federal court by its own citizen or a citizen of another state, unless the state consents to jurisdiction Jacksonian Democrats/Whigs Jacksonian democrats Leadership: Andrew Jackson, Martin Van Buren, and James K. Polk Ideology: advocated for states’ rights, agrarian (Agricultural) interests, and limited federal government Key issues: strong support for westward expansion (Manifest Destiny) and pro-slavery policies, particularly in the South Whigs Leadership: Henry Clay, Daniel Webster, William Henry Harrison Ideology: supported a more effective/active federal government role in economic development, including infrastructure and banking Key issues: advocated for protective tariffs and internal improvements, but faced internal divisions over slavery, ultimately leading to its decline by the 1850s Presidential Veto/Veto Message Presidential veto: A presidential veto is a constitutional rule that enables a president to refuse assent to a bill that has been passed by the legislature, and thereby to stop the bill from becoming law Veto message: Jackson thought the bank was just for the wealthy to get rich When the bill came to renew the banks charter, he vetoed it, as a defense of democracy Jackson ordered a withdrawal of all government deposits and placed the funds in smaller banks = how Jackson “killed” the bank Argued that the bank of the U.S. was unconstitutional because it concentrated too much power into one institution that favored the wealthy over common people Believed that the bank exerted undue influence over the national economy, manipulating credit and interest rates to its advantage Dual Federalism The system of government that prevailed in the U.S. from 1789-1937, which fundamental government powers were shared between the federal and state governments, with the states exercising the most important powers Cooperative Federalism System that has prevailed since the New Deal, in which grants-in-aid have been used strategically to encourage states and localities to pursue nationally defined goals Privileges and immunities Article 4, Section 2, Clause 1 Retained in the constitution’s 4th amendment ~preserving an existing understanding of interstate norms Citizens in one state may have privileges and immunities in and of another state 'No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States' States cannot discriminate against citizens of another state Fugitive Slave Clause Article 4, Section 2, Clause 3 of U.S. Constitution Required the return of escaped slaves to their enslavers, even if they fled to a free state Clause was apart of the compromise between slave holding and non-slave holding states at the 1787 Constitutional Convention Nullified by the 13th amendment, which abolished slavery Gives enslavers the right to seize enslaved people who escaped to free states Fugitive Slave Act Required that slaves be returned to their owners, even if they were in a free state The act also made the federal government responsible for finding, returning, and trying escaped slaves Empowered federal judges, state magistrates, and local authorities to hear cases regarding runaway slaves and issue warrants for their capture Did not guarantee a jury trial for alleged fugitive slaves Personal Liberty Laws 1830s until 1850, many northern states attempted to provide some legal protections for escaped slaves who faced potential recapture in the North by passing personal liberty laws Some check if a claim-maker’s suggestion of runaway is legit to protect their black neighbors from being arbitrarily removed to the South without a fair hearing These laws were also designed to prevent the kidnapping of free blacks 13th Amendment Abolished slavery and involuntary servitude 14th Amendment Makes anyone born on U.S. soil a citizen and guarantees equal protection under the law 15th Amendment Gave all men the right to vote regardless of race, color, or whether they had been slaves Writ of Habeas Corpus An order brought by or on behalf of a prisoner commanding a review of the lawfulness of the prisoner’s detention War (officially speaking?) A phenomenon of organized collective violence that affects either the relations between two or more societies or the power relations within a society CASES: Mini Brief → State the facts (2 points), question (1), and finding of the court (2 points) for any TWO case of your choosing from the list below. Gibbons v. Ogden (pp. 143-146) Facts: Ogden had an exclusive right to operate steamboats in New York waters, granted by the state Gibbons had a federal license to operate steamboats, which he claimed superseded state laws Question: Does the commerce clause give congress authority over interstate navigation? Court’s finding: In favor of Gibbons Held that New York’s state-granted monopoly was invalid because it conflicted with federal law Commerce clause gives Congress exclusive power to regulate interstate commerce, including navigation Cooley v. Board of Wardens Facts: Plaintiff → Cooley, a ship owner who challenged the Board of Wardens’ authority to mandate the use of local pilots, arguing that such regulations interfered with interstate commerce Question: Does Pennsylvania’s law requiring ships to hire a local pilot violate the Commerce Clause of the Constitution? Court’s finding: Ruled in favor of the Board of Wardens Establishing that states could regulate certain aspects of commerce, particularly when local interests were involved Argued that the regulation of pilotage was a legitimate local matter and did not conflict with federal commerce powers Worcester v. Georgia Facts: Case arose when Samuel Worcester, a missionary, was arrested for residing in Cherrokee territory without a state permit Worcester challenged Georgia’s laws that infringed upon the sovereignty of the Cherokee Nation Question: Does the state of Georgia have the authority to regulate the intercourse between citizens of its state and members of the Cherokee Nation? Court’s finding: Ruled that the state of Georgia had no authority to impose laws on Cherokee territory Chisholm v. Georgia (pp. 152-155) Facts: Involved Alexander Chisholm, a south carolina citizen Chisolm sued the state of Georgia for unpaid debts Question: Can state citizens sue state governments in federal court? Court’s finding: Ruled that the federal government (courts) could hear cases where a citizen of one state sued another state Decision emphasized that the constitution permitted such lawsuits Prigg v. Pennsylvania (pp. 196-200) Facts: A man named Edward Prigg was convicted under Pennsylvania law for kidnapping Margaret Morgan, a Black woman who was allegedly a fugitive slave, and returning her to her enslavers in Maryland Pennsylvania had laws aimed at protecting free black residents and preventing unlawful capture Question: whether Pennsylvania law violated the constitutional guarantee of fugitive slave return and the 1793 Act of Congress, passed to implement it Court’s finding: Ruled in favor of Prigg Ruled that the Fugitive Clause and Act gave the federal government exclusive authority over the capture and return of escaped slaves States could not pass laws that interfered with this federal power Dred Scott v. Sandford (pp. 203-206) Facts: Dred Scott was an enslaved African American who had lived in free territories with his owner He sued for freedom, claiming that his residence in free areas made him a free man Question: enslaved people were not citizens of the United States and, therefore, could not expect any protection from the federal government or the courts Court’s finding: Ruled against Scott African americans could not be considered citizens by the constitution and had no right to sue in federal court Ex Parte Merryman (pp. 279-281) Facts: John Merryman was arrested in maryland for his involvement in confederate activities He was held without charges by military authorities Question: Can the President Suspend the writ of habeas corpus? Court’s finding: Taney Opinion: The president did not have the authority to suspend habeas corpus Only congress has the right to suspend Merryman’s constitutional right, which protects individuals from unlawful detention President Lincoln ignored the ruling, and continued to suspend habeas corpus The Prize Cases (pp. 291-293) Facts: Cases arose from the seizure of ships and cargo that attempted to break the Union blockade The seizures were conducted under the authority of President Lincoln’s blockade, which aimed to restrict confederate trade Question: Did Lincoln act within his presidential powers defined by Article 2 when he ordered the seizures absent a declaration of war? Court’s finding: Upheld the legality of the blockade The president has the authority to take military actions, including blockades, in a time of war The existence of a state of war between the union and confederacy justified the blockade
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