...Constitution 2. Bill of Rights 3. Federal codes/statutes 4. Separation of powers (see handout) 5. Checks and balances 6. Federalism 7. Anti-federalism 8. Commerce clause 9. Taxing Powers 10. Marbury v. Madision *** 11. Interstate commerce v. intrastate commerce 12. Heart of Atlanta Motel v. USA *** (1964),[1] [2] was a landmark United States Supreme Court case holding that the U.S. Congress could use the Constitution's Commerce Clause power to force private businesses to abide by the Civil Rights Act of 1964. This important case represented an immediate challenge to the Civil Rights Act of 1964, the landmark piece of civil rights legislation which represented the first comprehensive act by Congress on civil rights and race relations since the Civil Rights Act of 1875. For much of the 100 years preceding 1964, race relations in the United States had been dominated by segregation, a system of racial separation which, while in name providing for "separate but equal" treatment of both white and black Americans, in truth perpetuated inferior accommodation, services, and treatment for black Americans. 13. Police powers – 10th Amendment In United States constitutional law, police power is the capacity of the states to regulate behavior and enforce order within their territory for the betterment of the general welfare, morals, health, and safety of their inhabitants.[1] Under the 10th Amendment to the United States Constitution...
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...Chapter 5 The U.S. Constitution sets the framework for the U.S. government, establishing a system of government that divides power between the federal government and the states It establishes a system of government based on the principle of federalism, where power is divided between a central authority and constituent political units The 10th Amendment to the Constitution states that all powers that the Constitution neither gives exclusively to the federal government nor takes from the states are reserved for the states Federal legislation that affects business must be based on an expressed unconditional grant of authority The Constitution also allocates power of the federal government among three branches of government First three articles of the Constitution establish the legislative, executive, and judicial branches; they’re independent branches of the federal government Constitution ensures that each branch maintains a separate sphere of power to prevent any one of them from obtaining undue power and monopolizing government control Constitution also establishes a system of checks and balances Each branch’s powers keep the other branches from dominating the government Constitution does not explicitly allow courts to review legislative and executive actions to determine whether they are constitutional, but early common law established a process called judicial law Judicial law is the power of a court to review legislative and executive actions, such as a law or...
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...Bill of Rights The First 10 Amendments to the Constitution • . 1st Amendment • The 1st Amendment guarantees freedom of religion, speech, the press, assembly, and petition. • • • • • • This means that we all have the right to: practice any religion we want to to speak freely to assemble (meet) to address the government (petition) to publish newspapers, TV, radio, Internet (press) QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. 2nd Amendment • The 2nd Amendment protects the right to bear arms, which means the right to own a gun. 3rd Amendment • The 3rd Amendment says “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.” • This means that we cannot be forced to house or quarter soldiers. 4th Amendment • The 4th Amendment protects the people from unreasonable searches and seizures. • This means that the police must have a warrant to enter our homes. It also means the government cannot take our property, papers, or us, without a valid warrant based on probable cause (good reason). 5th Amendment • The 5th Amendment protects people from being held for committing a crime unless they are properly indicted, (accused) • You may not be tried twice for the same crime (double jeopardy) • You don’t have to testify against yourself in court. (Self-incrimination) 6th Amendment • The...
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...Kent | December 13, 2013 SHORT TITLE: FREEDOM OF SPEECH Freedom of Speech FIRST AMENDMENT PROTECTIONS Unit 2 Assignment Jerry Coleman LS305 Constitutional Law Prof. Judge J. Kent Kaplan University January 10, 2014 FREEDOM OF SPEECH FIRST AMENDMENT PROTECTIONS BY JERRY COLEMAN JANUARY 10, 2014 INDEX 1. COVER PAGE 2. TITLE PAGE 3. INDEX 4. PURPOSE 5. THEORY 6. FREEDOM OF SPEECH: UNALIENABLE RIGHT? 7. HISTORICAL PERSPECTIVE 8. CASE LAW 9. CURRENT LEGISLATION AND ITS EFFECT ON THE FIRST AMENDMENT 10. CONCLUSION’ 11. REFERENCES PURPOSE The purpose of this paper is to examine, limitedly, the incursion, by Congressional Acts, Judicial Interpretation via case law, and Executive Order of the First Amendment Protections of Free Speech of The Constitution of The United States. THEORY The Bill of Rights are the Foundation of the UNALIENABLE RIGHTS OF THE PEOPLE, in theory and original intent of the Framers, which neither the Federal Government nor the States may repose from the People. Neither shall the Judiciary. However, given to logical consideration, as applied by the Marshall Court, the Courts have Judicial Review Authority, rendering them, if not the best locale, definitely the most appropriate, for interpretation of the Rights thusly enumerated in The Constitution’s Bill of Rights (Amendments One thru Ten, specifically One thru Eight). However, it must needs be stated that...
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...Vocabulary: Civil Liberty- the freedom of a citizen to exercise customary rights, ass of speech or assembly, without unwarranted or arbitrary interference by the government. Clear and present danger test- a standard for judging when freedom of speech can be abridged; "no one has a right to shout `fire' in a crowded theater when there is no fire because such an action would pose a clear and present danger to public safety" Due process of law- the regular administration of a system of laws, which must conform to fundamental and generally accepted legal principles and be applied without favor or prejudice to all citizens. Equal protection of the law- the right of all persons to have the same access to the law and courts, and to be treated equally by the law and courts, both in procedures and in the substance of the law. Establishment clause- the clause in the First Amendment of the US Constitution that prohibits the establishment of religion by Congress. Freedom of expression- Right to express one's ideas and opinions freely through speech, writing, and other forms of communication but without deliberately causing harm to others' character and/or reputation by false or misleading statements. Freedom of Religion- the right to practice whatever religion one chooses. Free-Exercise clause- prohibits government from interfering with the practice of religion. Good-Faith Exception- an error in gathering evidence sufficiently minor that it may be used in a trial. Libel-...
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...constitutes commercial speech. The case arose from Nike’s making of “allegedly” false and misleading statements when responding to critics of its overseas labor practices. The Nike Corporation claimed that its public statements defending allegations of “sweatshop” practices in their overseas operations should be accorded First Amendment protection. The plaintiff, Kasky, claimed that these statements were “commercial speech,” which can be regulated (in California, where the case was brought, commercial speech can be found to be false advertising if it is deceptive). Do you think Nike’s statements fall into the category of commercial speech or unfettered (pure) political speech? What does the lack of a definitive answer from the Supreme Court tells businesses about future public statements or claims by them regarding their operations? Do you believe the Supreme Court’s remand, without a decision on the merits, will have any type of “chilling effect” on businesses? Should companies' public-relations campaigns be protected under the First Amendment? Discuss and debate! So first off, what exactly is commercial speech? According to Cornell’s University Legal Information Institute, the Supreme Court defines commercial speech as “speech where the speaker is more likely to be engaged in commerce, where the intended audience is commercial or actual or potential consumers, and where the content of the message is commercial in character.” Moreover, commercial speech such as advertisements...
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...Running Head: THE FIRST AMENDMENT [pic] Reflections on the First Amendment NAME University of Phoenix Online United States Constitution – HIS301 Reflections on the First Amendment Judged by the sheer number of cases brought to the Supreme Court for debate, the First Amendment can be considered one of the most controversial amendments in the Bill of Rights. The First Amendment was written to address three fundamental liberties all citizens have: religion, speech and peaceful assembly. On closer inspection, there are six very different ideals melded together into one defining statement. When the U.S. Constitution was signed on Sept. 17, 1787, it did not contain important freedoms that are now outlined in the Bill of Rights, because many of the Framers viewed some of the freedoms as unnecessary. However, after vigorous debate, the Bill of Rights was adopted. The first freedoms guaranteed in this historic document were expressed in 45 words written by James Madison that we have come to know as the First Amendment. The First Amendment states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Freedom of expression, artistic or otherwise in the United States is governed by the First Amendment to the U.S. Constitution...
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...Bill of Rights A brief history on how the Bill of Rights came forth. Back in the late 1700’s, several states were called for a constitution to protect individual’s rights from the government. Through these calls, James Madison came forth and put together the Amendments, which was later signed in 1791(1). What started off as 17 Amendments was trimmed down to 10 main one’s which is where we stand now with the Bill of Rights. There are several key Amendments that tie into criminal law. Those amendments are 1st, 2nd, 4th, 5th, 6th and 8th. The 1st amendment allows individuals the freedom of speech. This does not allow the government to arrest anyone who lets say wants sit on a racial protest, or disallow anyone from following different religions. We as individuals have the right to follow whatever religions we choose. Now there are some twists that come into play with this Amendment. It does allow the “Freedom of Speech” but there are five rules you cannot break before being arrested and charged. Those five rules are, obscenity, profanity, liberal slander and or fighting words (1). If you express any of these conducts, you are subject to being arrested. There was a case in New Hampshire, where a gentleman called a marshal, “God-damned racketeer.” He was later convicted, because he used profanity in his speech (1). This is a prime example of how there are limits to the First Amendment. Moving our focus to the Second Amendment, it states “the right of people to keep and bear Arms...
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...DBQ 2: The Bill of Rights The Constitution is a living document. The Framers of the Constitution wrote it to serve as the new governing body after fighting the Revolutionary War and declaring independence from Great Britain. Although all Framers agreed on a need for a new framework for a new government, the Federalists and Antifederalists had different priorities. In the end, the two sides merged their ideas through the Great Compromise and America’s Constitution was accomplished by ratifying a Bill of Rights. However, after over 200 years, the government’s efforts to balance individual rights and the safety of the greater good has not been effectively achieved. Over the years, as issues arise, the government makes decisions and interprets the constitutionality of the actions of the people. In a political cartoon, a man is burning an American flag while another man is burning the same flag printed on the back pocket of his pants (Document 1). This cartoon represents the Supreme Court case Texas v. Johnson, where Gregory Lee Johnson’s action of burning the US flag was declared symbolic speech, and is therefore protected by the 1st Amendment. The man burning another man’s pants is most likely someone who is offended by this ruling and is mistreating said ruling...
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...Advocacy Groups - an association of individuals or organizations who unite to actively support or defend an idea, usually to influence policies or resource allocations through media campaigns, public presentations, publicity, and legislative lobbying efforts; GROUP WHO TRY TO RAISE AWARENESS AND INFLUENCE POLITICS AND RESOURCE ALLOCATION advocacy groups are broader. interest groups are more specific. for example an environmental group would be an advocacy group and a group to save the rainforest would be an interest group. Amicus Curiae - “Friend of the Court.” A brief filed in a lawsuit by an individual or group that is not party to the lawsuit but that has an interest in the outcome. SOMEONE, NOT BELONGING TO ANY PARTY, VOLUNTEERS TO OFFER INFORMATION TO ASSIST IN A CASE, WHICH IS WHY IT MEANS FRIEND OF THE COURT Astroturf - refers to political, advertising or public relations campaigns that are designed to mask the sponsors of the message to give the appearance of coming from a disinterested, grassroots participant (i.e. fake grassroots); FAKE GRASS/FAKE SUPPORT; OPPOSITE OF GRASSROOTS; Creating the impression of public support by paying people in the public to pretend to be supportive. Bundling - A tactic in which PACs collect contributions from like-minded individuals (each limited to $2000) and present them to a candidate or political party as a “bundle,” thus increasing the PAC’s influence. Checkbook Membership- send in money to be a member A checkbook member is...
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...States Bill of Rights ______________________________________________________________________________ Fundamentals of Criminal Law CJSA 1327 Week 1 Essay #3 Not too long ago our nation was young, new, and in need of structure and in need of a government. To solve this issue, the United States Constitution was drafted and implemented across the territories. After the constitution was created, there was immediate pressure from anti-federalists who opposed constitutional ratification. This then gave birth to the Bill of Rights, which was to set limits on the government’s actions in regard to personal liberties. The Bill of rights is a collective name for the first 10 amendments to the United States Constitution. It was introduced by James Madison before the 1st United States Congress and then proposed to congress in September 25, 1789. The amendments were ratified on December 15, 1791 by congress. There originally were twelve amendments proposed, but only ten amendments made the final cut. Over time, amendments had been added totaling twenty-seven. The 10 amendments guaranteed a list of personal freedoms, reserving some powers to the states and public. They also put a limit to the government’s power in judicial and any other proceedings. The 10 original amendments are (1st) Freedom of speech, religion, and right to petition, (2nd) Right to bear arms, (3rd) Protection against quartering troops, (4th) Protection against unreasonable search and seizure, (5th) Rights in criminal...
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...Miguel Reyes 27 Amendments 1st Amendment- People have freedom of religion, freedom of speech, freedom of the press, freedom of assembly, and the right to petition the Government. 2nd Amendment- protects the right to own guns. 3rd Amendment- guarantees that the army cannot force homeowners to give them room and board. 4th Amendment- protects the people from the government improperly taking property, papers, or people, without a valid warrant based on probable cause. 5th Amendment- protects people from being held for committing a crime unless they are properly indicted, that they may not be tried twice for the same crime, that you need not be forced to testify against yourself, and from property being taken without just compensation. It also contains due process guarantees. 6th Amendment-A person has the right to a fair and speedy trial by a jury. 7th Amendment- guarantees a jury trial in federal civil court cases. 8th Amendment- guarantees that punishments will be fair, and not cruel, and that extraordinarily large fines will not be set. 9th Amendment- is simply a statement that other rights aside from those listed may exist, and just because they are not listed doesn't mean they can be violated. 10th Amendment- Any powers that the Constitution does not give to the federal government belong to the states 11th Amendment- more clearly defines the original jurisdiction of the Supreme Court concerning a suit brought against a state by a citizen of another state...
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...The Bill of Rights, the most celebrated part of the United States Constitution, almost seems like an afterthought. The Constitution, which spelled out the form of the national government and delineated the responsibilities of each branch, was ratified in 1788. Three years later Congress added 10 amendments (the Bill of Rights) that guaranteed individual liberties. This paper will summarize why those amendments were included, and analyze whether the Bill of Rights altered the Constitution or merely strengthened it. The 1780s were a time of triumph and turmoil in America. The decisive American victory at Yorktown in 1781 guaranteed the nation’s independence, confirmed two years later by a peace treaty with England that recognized the new nation. The Bill of Rights is a critical part of the Constitution. When the formatters of the Constitution were creating the document, some believe that the Bill of Rights was not necessary. However after long debate, they agreed that it should be included. The purpose however is to guarantee certain rights not provide them; for example the freedom of speech under the First Amendment. There are limitations and people need to realize that the Constitution does not guarantee free speech. “The Freedom of Speech or known as the First Amendment is one of the most valuable and precious rights guaranteed to Americans in the United States Constitution. At the same time, it is one of the most abused rights by Americans” this is one of the protections...
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...in her Official Capacity as Assistant United States Attorney, Southern District of New York, Appellee BRIEF FOR THE APPELLANT ON APPEAL FROM THE UNITED STATE DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK Counsel for Appellant 601739 2072 5th Ave. Suite 43 New York, NY 10292 TABLE OF CONTENTS TABLE OF CONTENTS ……………………………………………………………….....i TABLE OF AUTHORITIES ……………………………………………………………..ii QUESTION PRESENTED ……………………………………………………………….1 STATEMENT OF THE CASE …………………………………………………………...2 SUMMARY OF THE ARGUMENT …………………………………………………….6 ARGUMENT ……………………………………………………………………………..8 I. A government employee is entitled to constitutional protection under the First Amendment when the speech in question addresses matters of public concern and does not adversely affect the employer’s operations and functions …………………8 A. A government employee’s speech must contain matters of public concern in order to be protected under the First Amendment ……………………………9 B. If an employee’s speech addresses matters of public concern, the employee must show that the speech did not cause a disruption to the functionality of the workplace ……………………………………………………………………11 CONCLUSION…………………………………………………………………………..15 CERTIFICATE OF SERVICE ………………………………………………………….15 CERTIFICATE OF COMPLIANCE ……………………………………………………16 TABLE OF AUTHORITIES United States Supreme Court Case: ...
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...In the 1960’s, a decade most known for its high level of civil rights and free speech reform activity, the Civil Rights Movement reached its peak as protests spread through the nation. Upon the late 50’s, many of America’s college youth had organized themselves into activist groups, promoting their rights to support off-campus causes. The University of California in Berkeley was one of the many that faced this student commotion. A minority of the university’s students actively engaged themselves in the Civil Rights cause. In an effort to lessen the student’s ability to promote causes such as these, Berkeley officials took legal precautions towards preventing on-campus political activities by initiating a ban. In the fall semester of 1964,...
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