Constitutional LAW twelfth edition docx

[...]... operation When Congress enacts a law within the scope of its delegated powers, the federal law supersedes and annuls conflicting state laws This results from the supremacy clause of Article VI, which declares that “[t]his Constitution, and Laws of the United States which shall be made in Pursuance thereof, shall be the supreme Law of the Land, any Thing in the Constitution or Laws of any state to the... carrying on the war The Continental Congress functioned as an instrument of the states, with the states retaining sovereignty 1 2 ERIKSSON, AMERICAN CONSTITUTIONAL HISTORY, ch 7 (1933) EVANS, CASES ON CONSTITUTIONAL LAW, ch 1 (1933) 3 4 CONSTITUTIONAL LAW § 1.3 § 1.3 —Articles of Confederation It soon became apparent that greater centralization was needed In 1776, a committee was appointed to study... For example, should Congress decided to pass a law reducing the maximum speed on federal highways to 50 miles per hour, this law would supersede and annul state laws permitting a higher speed Third, all powers that have not been delegated to the federal government and that the states are not prohibited from exercising belong to the states 10 CONSTITUTIONAL LAW § 1.8 The Civil War put to the test whether... constitutional 6 THE FEDERALIST No 47, at 241 (J Madison) (J Gideon ed 1831) 8 CONSTITUTIONAL LAW § 1.7 decisions by statute This is because the power to interpret the Constitution belongs to the courts When the Supreme Court announces a constitutional decision, the decision in effect becomes embedded in the Constitution A constitutional amendment is the only action that can get rid of it.7 Amending... Rights —Applying the Bill of Rights to the States through the Fourteenth Amendment The Fourteenth Amendment as a Limitation on State Power —Due Process of Law —Equal Protection of the Laws Adjudication of Constitutional Questions Federal Remedies for Constitutional Abuses Summary 2 § 1.1 History of the United States Constitution The men who met in Philadelphia in 1787 had ample precedent for the notion... Disciplinary Actions 510 Employment Discrimination Based on Race, Color, Religion, Gender, or National Origin 513 Equal Protection in the Police Workplace 519 Constitutional Accountability under Federal Law 522 Summary 527 485 xii PART II: CONSTITUTIONAL LAW JUDICIAL DECISIONS 531 Table of Cases for Part II 533 PART III: 739 APPENDIX Text of the United States Constitution, including the Bill of Rights and... appeals ever reach the Supreme Court 19 Kesler v Department of Public Safety, 369 U.S 153, 82 S Ct 807, 7 L Ed 2d 641 (1962) 14 I CONSTITUTIONAL LAW § 1.9 The Power to Make and Enforce Laws Related to Piracies and Felonies Committed on the High Seas and Offenses against the Laws of Nations Congress has the power to regulate criminal activity committed on the high seas on or against United States vessels... including the Bill of Rights and all effective amendments 741 GLOSSARY 757 TABLE OF CASES 767 INDEX 805 Case Citation Guide The following list provides an explanation of case citations used in Constitutional Law, Eleventh Edition, for readers who may be unfamiliar with how court decisions are cited U.S United States Reports Published by the United States government, this is the official source of United States... decisions S Ct Supreme Court Reporter Published by West Publishing Company, this publication reports United States Supreme Court decisions L Ed./L Ed 2d United States Reports, Lawyers’ Edition, First Series/ Second Series Published by Lawyers Cooperative Publishing Company, this publication reports United States Supreme Court decisions F.2d/F.3d Federal Reports, Second Series/Third Series Published by West... follows: Delaware— December 7, 1787; Pennsylvania—December 11, 1787; New Jersey—December 18, 1787; Georgia—January 2, 1788; Connecticut—January 9, 1788; Massachusetts—February 6, 1788; Maryland—April 26, 1788; South Carolina—May 23, 1788; New Hampshire—June 21, 1788; Virginia—June 25, 1788; New York—July 26, 1788; North Carolina—November 21, 1789; Rhode Island—May 29, 1790 CONSTITUTIONAL LAW 6 § 1.6 . alt="" Constitutional LAW Jacqueline R. Kanovitz twelfth edition John C. Klotter Justice Administration Legal Series Constitutional Law, Twelfth Edition Copyright. Jacqueline Kanovitz, the fi rst edition of Constitutional Law for Police, whose title was later changed to Constitutional Law. This book was made part