Constitutional Timeline PDF

Constitutional Timeline: 1774- representatives of the colonies met for the first time as the Continental Congress\* 1776- colonies declared independence from the crown, American Revolution (AR) was on 1777- Continental Congress formed the first Federal Government and adopted the Articles of Confe...

Constitutional Timeline: 1774- representatives of the colonies met for the first time as the Continental Congress\* 1776- colonies declared independence from the crown, American Revolution (AR) was on 1777- Continental Congress formed the first Federal Government and adopted the Articles of Confederation (AOC); Continental Congress (CC) was comprised of representatives of the 13 colonies\* Articles of Confederation: 1\. Generally criticized as a weak document 2\. Did not provide that Congress could levy or collect taxes or coin \$ (print money) 3\. Congress could not regulate commerce among colonies or Foreign countries 1787- Constitutional Convention- Philadelphia- where the U.S. Constitution was agreed upon; went to Congress/ passed same year; states ratified 1788\* U.S Constitution has 2 major Functions:\* 1\. Created 3 branches of government 2\. Protect individual rights by limiting the government\'s ability to restrict those rights Our form of government is known as Federalism\* \- This means that the states share power with the federal government. \- When the states ratified Constitution, certain powers were "enumerated"/ delegated to the Federal government Ex. We don't want 50 different policy positions on Russian Foreign policy... Doctrine of Separation of Powers\* Article I: Legislative Branch "Bicameral" in nature \- Bicameral: Senate, House of Representatives \- Make laws. Constitution has been amended 27 times, including the Bill of Rights Article II: Executive Branch \- President is elected by the Electoral College, not popular vote \- Enforce laws Article III: Judicial Branch \- Supreme Court, Federal system \- Interpret Laws "Check and Balances" Constitutional clauses begin: Supremacy Clause\*- established that the U.S. Constitution, treaties, Federal laws and regulations are the Supreme Law of the Land AND that State and Local laws that conflict with valid federal law are unconstitutional Re: Preemption Doctrine, Mille Lacs case; when a state law contradicts Federal law Commerce Clause\*- "to regulate commerce, with Foreign nations, among several states, and the Indian Tribes" Example of Government regulating Native Americans re: Indian Gaming Regulatory Act of 1988\*- provides for the jurisdictional framework for laws that oversee casino gaming on reservations ½ of Oklahoma is Native American Land (reservations) \- Foreign Commerce Clause\*- allows/ grants Federal government authority to regulate commerce with Foreign nations \- Can states regulate Foreign Commerce?\* \- Yes \- States can regulate Foreign Commerce, as long as that regulation is not "unduly burdensome" The \"unduly burdensome\" test States can regulate all kinds of commerce with their own borders pursuant to own police powers, akin to those functions of law we studied in Chapter 1... Interstate Commerce\*- Federal Government the power to regulate interstate commerce Interstate Commerce: commerce that moves between the states (original view of the court) or that "affects" commerce between the states (modern view of the court) \- Original view\*- Courts interpreted the clause to mean that the Government could only regulate commerce that moved "in" interstate commerce, e.g., across state borders \- Modern view\*- adds to original view, Feds can regulate activity that "affects" commerce in another state \- "Effects On" Interstate Commerce Test \[Modern View\]\* 1\. The Regulated Activity does not of itself have to be interstate commerce 2\. Any local (intrastate) activity that has an effect on interstate commerce can be regulated and thus subject to the commerce clause \- Theoretically, the modern test subjects the vast majority of business activity in the U.S. to regulation under the interstate commerce clause (CC) Wickard vs. Filburn (1942)\* \- Federal statute that regulated the amount of home wheat consumption/ harvest by Farmers, placed limits on; \- Unanimous opinion authored by Justice Jackson \- Chief Justice Harlan Stone era \- Govt: Wheat supply could be affected by home consumption; could have adverse effect on national supply "interstate commerce" \- Court: Filburn's amount "trivial" \$117-\> "local" activity \- Court: Statue was designed to prevent nationwide shortages and surpluses \- Bottom Line: Court backed Government's regulation under Commerce Clause State Police Powers:\* \- Permits state and local governments to enact laws to promote \[Impacts Business\] 1\. Public Health 2\. Safety 3\. Morals 4\. General Welfare \- States retained power to regulate some interstate commerce within own borders Heart of Atlanta Motel vs. United States (1964)\* (Civil Rights Act 1964 was passed) \- Accessible to motorists using Interstates 75 & 85 \- As well as numerous state highways \- 75% of Heart's registered guests are from "out of state" \- Heart refused to rent rooms to African-Americans "local" activity, which was illegal under the Civil Rights Act 1964) \- Heart filed suit in the U.S. District Court 1\. CR Act of 1964 unconstitutional (federal question) 2\. Congress had exceeded its authority under the commerce clause, because Heart believed that Congress could not regulate his activity because it was local or intra-commerce \- Court: 1\. Civil Rights Act- Constitutional 2\. Not confined to regulation "among the states" and we can reach local activity through the modern test \- Bottomline: different court makeup from Wickard and the court still backs up the federal gov\'t- Q: Why did the Court develop "effects on" interstate commerce test? A: To reach intra-state (local) activity/commerce Dormant Commerce Clause\*- If the federal government has chosen not to regulate an area of interstate commerce, then that area is subject to the Dormant Commerce Clause - A state can enact laws to regulate that area of commerce, as long as those laws are not "unduly burdensome" on (interstate) commerce Parties and entities selling and buying good electronically is known as e-commerce \- E-Commerce is subject to regulation under the Commerce Clause- True Bill of Rights- ratified by States \- First 10 amendments added 1791 \- Fundamentals: Speech, Assembly, Religion, Press Speech\* 1\. Fully Protected- Can't be regulated or prohibited by Government a\. Ex: Political Speech- criticize mayor, government, president Can be verbal, written, symbolic 2\. Limited Protected Speech- Offensive Speech or Commercial Speech a\. Offensive is not prohibited, but restricted as to "time, place and manner" "Channel" speech (Think like TV channels) b\. Commercial is also protected, but subject to time, place, and manner (test) 3\. Unprotected Speech- Not protected at all a\. Dangerous- "Fire" in theatre b\. Fighting Words c\. Speech that incites violent overthrow of the Government d\. Child Pornography e\. Obscene School Speech: We will focus on 3 cases: Seminal case: Tinker vs. Des Moines Independent Community School District (1969 Supreme Court) Students wore black armbands to school to protest Vietnam War In Tinker, the Court developed the \"substantial disruption to school environment\" test still used today. 7-2 decision upheld First Amendment right in public schools Modern cases: Morse vs. Frederick (2007): \"Bong Hits 4 Jesus case\" Chief Justice Roberts wrote opinion for 5/4 majority; had been on court since 2005. Frederick unfurled banner (the medium) with message \"Bong Hits 4 Jesus\" at torch relay for 2002 Winter Olympics parade not on school grounds but across the street from school Frederick was suspended for the stunt, later sued Frederick: I was testing free speech limits Court: his speech \"reasonably viewed as promoting drug use\" which school had interest in curtailing at \"school event.\" Aftermath: ancillary state case settled out of court with Frederick getting paid, banner on display in museum in D.C. Mahanoy Area School District vs. Brandy Levy (2021) Freshman cheerleader post social media message Medium: Snap chat laden with F- bombs, including the school administration, coaches to cheer squad Message did not threaten harm, insults. etc. or mention anyone by name Event occurred in 2017. Levy won at every court level. This time, Roberts is in the 8-1 majority opinion ruling in her favor. The court noted that in the day or two post-Snap, it was discussed for a few minutes in Algebra and some cheer squad members were upset about the content of the Snap. The Court in Mahanoy used the Tinker test and found no substantial disruption to school environment. First big student free speech case of the Internet era. Question before the court: Can school officials punish students for social media posts even when students post them off-campus, including in their own homes? Freedom of Religion: 1st Amendment\* \- Protected Speech: Government May Not Promote Religion \- Establishment Clause or Free Exercise Clause \- Establishment clause: Federal or state government must be neutral towards religion 1\. Can't Establish a state-sponsored religion 2\. Can't promote one religion over another \- Test 1: Strict Scrutiny\* \- Any government activity/ regulation or law that classifies persons based on a suspect class, which could be race, origin, or citizenship, or involves a fundamental right, such as voting, must be reviewed under strict scrutiny \- Has to involve a law for persons involving a suspect class; race, origin, or citizenship \- Or fundamental right, such as voting cases \- We see that the court has deemed these areas to be very important, which is why they get heightened (strict) review \- Test 2: Intermediate Scrutiny\* \- The government activity or law is usually going to be based on a protected class, such as gender \- Applied: the law and the activity must be important and reasonably related to a legitimate government purpose\* \- We are stepping down a notch from strict scrutiny \- Example: The federal requirement that all men must register for the military draft at age 18, but women not required (Rostker vs. Goldberg 1981) \- Test 3: Rational Basis Test\* \- The court will uphold just about any government law/ regulation as long as there is a justifiable reason for the law\* \- These laws are not hard to pass, because this is the easiest test to use \- Example: A law that provides subsidies to farmers but not others is okay or constitutional (this law will pass) \- Law that funds social security to the elderly (also will pass) Due Process \- Is contained in both the 5th and 14th amendments \- No person shall be deprived of life, liberty or property without due process \- Generally, the 5th amendment applies to federal action, the 14th amendment applies when someone refers to state action \- Example: Obergefell vs. Hodges 2015 \- Flagship case for same-sex marriage \- Holding: State laws that did not recognize same-sex marriage were unconstitutional \- Petitioners: made 2 arguments to get there 1\. Their due process clause rights had been violated via the 14th amendment 2\. Equal Protection argument \- If we did not have a strict scrutiny test or had it not been applied to this case, then we probably would have not have had this outcome. 2 Types of Due Process\* 1\. Substantive Due Process- requires that laws, statutes and ordinances be clearly written and not overly broad in scope a\. The test for this is whether a reasonable person could comply with the law and whether the law itself is "void for vagueness" b\. It is what the law is, the substance of the law, not how we litigate, but the law itself 2\. Procedural Due Process- requires that the government give a person proper notice and a hearing, before being deprived of life, liberty or property a\. There is a procedure that has to be followed b\. Procedural due process is how the law is applied, how the process unfolds c\. Even parish to parish the procedure will change Chapter 7- Business Crimes, Criminal Law Introduction Criminal Laws exist at the federal, state, and local levels\* The United States has the most advanced criminal justice system in the world\* Why are we the most advanced? \- We have presumption of innocence until proven guilty, which is completely different from other countries \- The burden of proof is on the State government, never the accused\* \- Unanimous jury verdict to find a person guilty \- As of 2018 it has to be unanimous verdict in Louisiana \- In other countries the other person is presumed guilty \- The key: the person/ defendant is provided with constitutional safeguards throughout his or her prosecution. Safeguards are in place for people who are in prison/ jail What Is A Crime: any act done by an individual in violation of those duties he/she owes to society and for the breach, of which, the law provides a remedy and the wrongdoer will make amends to the public \- Penalties for a violation of the duties he/she owes to society (what someone is charged with faces): 1\. Pay a fine 2\. Imprisonment a\. Certain felonies get time in prison, even if it is your first offense 3\. Fine & Imprisonment Plus 4. (referred to as The Split in Louisiana) 4\. Probation \- What are the public policy reasons behind incarceration/ imprisonment? \- To incapacitate the individual so that they will not harm others \- Maybe they are a multi defender \- Possible that a period of incarceration can rehabilitate that person \- Deter others from similar conduct \- Inhibit personal retribution or contact from the victims Classifications of Crimes (most serious to not)\* 1\. Felonies- Mala in se, which means they are inherently evil a\. Includes violent crimes (murder rape, robbery) b\. Certain felonies can include business crimes i\. Which include bribery, embezzlement, fraud 1\. Whether federal or state could carry a certain (determinate) prison sentence 2\. Misdemeanors- mala prohibita, which means less evil a\. Generally going to carry a sentence of one year or less (federal and state) b\. In Louisiana 6 months is the norm sentence, a few do carry a year c\. Common misdemeanors include DWI, Simple Battery and Simple Possession Of Marijuana 14 grams or Less 3\. Violations- are neither one or two, they are traffic matters and occasionally they fish and game matters in violations a\. Usually a fine and cost b\. Maybe community service/ community service and a fine What are the essential elements of a crime? Act and Intent 1\. There has to be an act for a crime to take place (Actus Reus) a\. The defendant must have performed the act b\. Ex. Person robs victim, them robbing is the act i\. Merely thinking about robbing someone is not a crime 2\. The law likes intent (Mens Rea) a\. No mens rea, no evil intent c\. The defendant must have state of mind to commit the act d\. 2 Types of Intent\* General Intent- the person knew or should have known that his/ her actions would lead to a result; would lead to the result that he/ she demonstrated reckless conduct (on a whim) 1\. General intent usually with lesser crimes D/S Specific Intent- where the person specific, purposefully and with knowledge, commits a prohibited act (some thought behind it) 1\. This person intended to achieve a specific result from his actions Strict Liability Laws- imposed for persons who commit acts/ crimes in violation of these laws \- Usually a tort (wrong) term \- there is no finding of mens rea (no intent needed) \- All they have to prove is that the person committed the act in violation of a statute or law \- Example: Vehicular Homicide \- Most states/ cities have laws re: the storing of explosives in residential neighborhoods Pre Trial Criminal Procedure Steps\*: 1\. Arrest- the police may precure an arrest warrant/ probable cause to arrest someone or during the commission of a crime 2\. Indictment- (by grand jury ONLY) usually murder, or Bill of Information is brought and filed by the District Attorney/ possibly magistrate judge a\. Indictment is NOT Bill of Information, they are brought in different ways 3\. Arraignment (does not matter if they are on bond or in jail the process moves on) 1st court appearance for a defendant, the Bill of Indictment or Information may be read out loud that details the charge/ offense, most people "wave reading" a\. Plea entered, not guilty b\. What pleas can be entered in an arraignment? (first two are the most common) i\. Not guilty ii\. Guilty iii\. Nolo contendre "no contest"- cannot be used against that person in a civil matter from the same facts (not a common plea) 4\. The Trial- final phase at the state level a\. All must unanimously must agree on jury b\. If all agree that defendant did not commit the crime then he/she is innocent c\. If defendant is found guilty, they can appeal, but if the defendant is found innocent/ not guilty the government cannot retry or appeal d\. If it is a hung jury (no verdict) the government can retry in front of new judge, new jury Other crimes: Robbery- taking of personal property from another by force or violence (common law) LA: Armed robbery\*- the taking of anything of value while armed with a dangerous weapon; 10-99 years sentencing range If the DA does armed robbery enhancement re: bill as as a \"Firearm\"it adds 5 years (so goes from 10 to 15 years) LA: Simple Robbery\*- the taking of anything of value by force or violence; 1-7 years; no weapon Burglary- any unauthorized entry into an inhabited dwelling with intent to commit a crime therein (common law) Larceny- fraudulent taking of personal property, business property, anything (common law, not used in Louisiana) LA: Felony Theft Bribery\*- act of one person giving another person money, property, or anything of value in exchange for a favor in return \- Offeror: is guilty when the bribe is tendered/ offered (the person who makes the bribe) Offeree: only guilty if the bribe is accepted (the person who was offered the bribe) Conspiracy\* 1.) Takes 2 or more persons to form an agreement to commit a crime 2.) To be liable, an "overt act" must be taken in furtherance of the crime 3.) The crime itself does not have to be committed An attempt to commit a crime is a crime.\* Ex. Neighbor shoots at friend but misses. (some form of attempted murder or manslaughter) Conspiracy and Attempt are distinct from each other, but can lead to one another Aiding and Abetting the Commission of a Crime\* \- Sometimes persons assist in the commission by rendering support after the fact \- Serious felony Corporations: Corporations are legal persons, but cannot act on its own \- Through their employees and managers \- Can a corporation be held criminally liable?\* \- Common Law: No, courts held that corporations lacked "mens rea" (intent) \- Modern: Yes, corporations are liable through the acts of its employees/ managers \- Employees/ managers get probation/ jail \- Corporations get fines, sanctions lose board seats Constitutional Safeguards \- 4th Amendment\*- protects persons and corporations from overzealous investigatory techniques, and unreasonable searches and seizures from the government, we have these so that we can be secure in our persons, possessions, and homes (unreasonable search and seizure) \- Search Warrant\*: based on probable cause \- Probable cause\*: the "substantial likelihood that a person has" or will commit a crime \- Judge to sign a warrant \- Warrantless searches\*: has to be based on probable cause standard 1.) Plain View 2.) Consent 3.) Incident to Arrest \*Rodriguez v U.S. (2015) \- Defendant was stopped by K-9 officer \- Asked for ID/registration, etc. (30 minutes) \- Calls for backup \- Asks Rodriquez to get out, who denies permission to search vehicle \- 7/8 Minutes pass before officer \#2 arrives \- Dog sniffs, alerts, finds meth \- Moves to suppress search on no reasonable suspicion for that lengthy duration of a traffic stop \- Routine traffic stops are not arrests, once basic information is handled the authority for stop ends \- Issue before Court: Was the extension of the stop a violation of the 4th amendment? \- Yes. \- 5th Amendment\*- right against self incrimination, do not have to testify against self \- does not apply to non testimonial evidence (prints, ID, DNA) \- If you are granted immunity from prosecution, you can't plead the 5th \- 6th Amendment\* 1.) Right to Impartial Jury 2.) Right to Confront and cross-examine witnesses 3.) Right to have a lawyer 4.) Speedy Trial \- Bail: right to bail after arrest\* \- Main Reason: Secure a person's presence at court \- Miranda Warnings: 1.) right to remain silent 2.) Right to an attorney (appointed or not) 3.) Not a requirement unless they ask you incriminating questions \- Attorney- Client Privilege- 5th Amendment, either the client or the lawyer can invoke privilege \- Doctor/ Patient \- Priest/ Parishioner \- Accountant/ Client (not at federal level, most states have form of it) \- Double Jeopardy\*- protects persons from being tried for the same crime twice \- Exception: if the same act involves several different crimes, the State/ Government may elect to try those crimes separately Then later the defendant can be tried on other charges \- 8th Amendment\*: Cruel and unusual punishment, prohibits torture of criminals, does not prohibit capital punishment