Chapter Constitutional Principles Copyright © 2017 McGraw-Hill Education All rights reserved No reproduction or distribution without the prior written consent of McGrawHill Education Overview • LO5-1: What is federalism? • LO5-2: How does the U.S government's system of checks and balances operate? • LO5-3: What effects does the commerce clause have on the government's regulation of business? • LO5-4: How does the Bill of Rights protect the citizens of the United States? 5-2 Chapter Hypothetical Case • Peter Mallory and James Reid were widely considered by their peers and by the community-at-large the very best officers the San Bernardino, California Police Department had to offer Today, they were seeking to uphold that reputation After weeks of tracking Malcolm Leary, a suspect in last year's gruesome murder of 32-yearold Rachel Vang, they had located and detained Leary pursuant to a validly issued arrest warrant On their way back to headquarters in the squad car, with Mallory and Reid silent, Leary offers up a confession from the back seat, saying "I killed that witch because she deserved it, and if I have to spend the rest of my life in prison and eternity in hell for doing it, it was worth it!" Both Mallory and Reid are shocked that Leary "broke" so easily, but they are happy to have the confession • Prior to his declaration of murder, neither Mallory nor Reid had "Mirandized" Leary Will Malcolm Leary's statement be admissible in his criminal prosecution, or will it be inadmissible based on a violation of the due process standard set forth in Miranda v Arizona? 5-3 Chapter Hypothetical Case • Prosecutor Alicia Jones was cautiously optimistic that victory was hers She had just tried the defendant Robert Howell for the first-degree murder of his father, Donovan Howell, a wealthy construction company owner from Charleston, South Carolina Any prosecutor would have been pleased with the evidence Jones had introduced to the jury Although there was no eyewitness to the murder, there was an abundance of circumstantial evidence, including three witnesses who had observed the younger Howell board his father's yacht at 1:00 a.m on Sunday, June 27 (the body was found on the yacht later that same morning), a knife next to the elder Howell's body with his son's fingerprints on it, and the son's confession to Charleston County police on Friday, July In light of all of the circumstantial evidence against his client, defense attorney Edward York had taken the risk of putting his client on the witness stand Howell responded reasonably well to both direct examination and to Jones's cross-examination After five days of deliberation, the jury announced that it was hopelessly deadlocked After inquiring whether there was any possibility that further jury deliberation would resolve the impasse, and after the foreperson's response of "Most definitely not, your honor," Judge Gregory Williams officially declared a mistrial Jones knew there was no way to predict what a jury would and she had tried to ready herself, but she was nevertheless shocked by the jury's inability to reach a verdict 5-4 Chapter Hypothetical Case (cont'd) After Williams's declaration of mistrial, Jones immediately polled the jury She discovered that ten jurors were in favor of the defendant's conviction, with the remaining two jurors opposed Those two jurors, Charles Yates and Carla Yoder, explained why they voted against conviction Yates, a 28-year-old divorced waiter with a 3-year-old son, explained to Jones that there was no way Howell could have committed murder Said Yates, "He just seems like such a polite and well-mannered guy.… There is just no way he killed his father." Yoder, a sixty-eight-year-old retiree, had different reasons for her belief that defendant Howell was innocent Yoder stated "Just because he was on his father's boat doesn't mean he killed his father I believe the young man was framed I believe the knife was planted on the boat, and I believe the police coerced his confession." • Jones is considering retrying Howell Would the Fifth Amendment "double jeopardy" provision of the United States Constitution prohibit a retrial of Howell for the firstdegree murder of his father? 5-5 What Is Federalism? • Principle of federalism: Authority is divided between federal and state governments • Foundation of the system of government established by the U.S Constitution • Allocates power among the three federal branches of government (legislative, executive, and judicial) • Establishes a system of checks and balances 5-6 Checks and Balances: Legislative Branch's Powers • On executive branch: • Can refuse to approve President's budget • Can overrule presidential vetoes • Can refuse to approve presidential appointees • Can refuse to ratify treaties • Can impeach and remove president • On judicial branch: • Can pass amendments to overrule judicial rulings • Can impeach judges • Establishes lower courts and sets number of judges 5-7 Checks and Balances: Executive Branch's Powers • On legislative branch: • Can veto laws passed by legislative branch • Can call special sessions of Congress • On judicial branch: • Appoints federal judges • Can pardon federal offenders 5-8 Checks and Balances: Judicial Branch's Powers • On legislative branch: • Can declare laws passed by Congress unconstitutional • On executive branch: • Can declare acts of the executive branch unconstitutional 5-9 The Supremacy Clause (Article VI) • Provides that federal law is the "supreme law" of the United States • Any state or local law that directly conflicts with federal law is void 5-10 The Commerce Clause (Article I, Section 8) • The primary source of authority for federal regulation of business • States that the U.S Congress has the power to "regulate Commerce with foreign Nations, and among the several States…" • Simultaneously empowers the federal government and restricts the power of state governments 5-11 Taxing and Spending Powers of the Federal Government (Article I, Section 8) • Provides the "Power to lay and collect Taxes, Duties, Imports and Excises." • Taxes imposed by Congress must be uniform across the states • The federal government can use tax revenues to provide essential services, encourage development of certain industries, discourage development of other industries • Regulatory impact of tax does not affect its constitutionality 5-12 Other Constitutional Restrictions on Government • Privileges and immunities clause • Prohibits states from discriminating against citizens of other states when those nonresidents engage in ordinary and essential activities • Full faith and credit clause • States "Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State." • Contract clause • States that government may not pass any "Law impairing the Obligation of Contract." 5-13 Protections of the Bill of Rights • First ten amendments substantially affect government regulation of business • Prohibit federal infringement on individual freedoms • Fourteenth Amendment extends Bill of Rights to the states (state governments cannot infringe on rights either) • "Artificial persons": Courts may extend Bill of Rights to corporations in some cases 5-14 The First and Second Amendments • First Amendment • Protects freedom of religion, press, speech, and peaceable assembly • Ensures that citizens have the right to ask the government to redress grievances • Second Amendment • Finds that in light of the need for a well-regulated militia for security, government cannot infringe on citizens' right to bear arms 5-15 The Third and Fourth Amendments • Third Amendment • Provides that government cannot house soldiers in private residences during peacetime, or during war, except for provisions in the law • Fourth Amendment • Protects citizens from unreasonable search and seizure • Ensures that government issues warrants only with probable cause 5-16 The Fifth Amendment • Ensures that government does not put citizens on trial except upon indictment by a grand jury • Gives citizens the right not to testify against themselves (privilege against self-incrimination) • Prevents government from trying citizens twice for the same crime (double jeopardy) • Creates the right to due process • Provides that government cannot take private property for public use without just compensation 5-17 The Sixth Amendment • Provides the right to a speedy public trial with an impartial jury • Provides the right to know what criminal accusations a citizen faces • Provides the right to have witnesses both for and against the accused • Provides the right to an attorney 5-18 The Seventh and Eighth Amendments • Seventh Amendment • States that in common-law suits where the monetary value exceeds $20, citizens have the right to a jury trial • Eighth Amendment • Provides that government will not set excessive bail • Prohibits government imposition of excessive fines • Prohibits cruel and unusual punishment 5-19 The Ninth and Tenth Amendments • Ninth Amendment • Provides that although the Bill of Rights names certain rights, such naming does not remove other rights retained by citizens • Tenth Amendment • Provides that powers that the U.S Constitution does not give to the federal government are reserved to the states 5-20 The Fourteenth Amendment • Prevents states from denying "the equal protection of the laws" to any citizen • Combats discrimination, since it applies whenever government treats certain individuals differently than other similarly situated individuals 5-21 Judicial Tests for Violations of the Fourteenth Amendment • Strict scrutiny test: Applies to suspect classifications based on race, national origin, and/or citizenship that would prevent individuals from exercising a fundamental right (such classification allowed only if necessary to promote a compelling state interest) • Intermediate scrutiny test: Applies to classifications based on gender or on the legitimacy of children (such classification allowed only if it is substantially related to an important government objective) • Rational-basis test: Applies to all other matters (such classification allowed only if it advances a legitimate government interest) 5-22 Chapter Hypothetical Case • The annual Smallville Fair is the community event of the year Attendance is always high, with community members enjoying the thrill rides, exhibits, and food Lori Cuthbert, Smallville High School's principal, is there, and as she turns the corner by the Ferris wheel, she is shocked by what she sees The school's star quarterback, senior Coy Gunner, is wearing a green T-shirt depicting a Christ-like figure smoking a marijuana joint; in large yellow letters on the front of the shirt are the words "Joints For Jesus." The back of the shirt reads: "WWJS: What Would Jesus Smoke?!" Cuthbert immediately confronts Gunner, exclaiming, "Coy Gunner, I cannot believe you would wear such a disgusting shirt You have offended my Christian principles and beliefs, as well as the religious beliefs of countless numbers of Smallville citizens attending this fair Further, you have disgraced the high school As the star quarterback of our football team, you of all people should know that you are a role model for your fellow students, as well as younger kids in the community I will see you in my office on Monday morning at 7:30 a.m." On Monday, Gunner arrives at Cuthbert's office to discover that she has decided to suspend him for ten school days Gunner objects, saying, "I remember in civics class that Mr Campbell told us we have the right to free speech I object to the suspension, and if you don't change your mind, my dad knows a good attorney who might want to speak with you." • Is the message on Gunner's shirt constitutionally protected free speech? Would rational limitations on free speech justify Cuthbert's decision to suspend Gunner? Does it matter whether the incident occurred on or off school property? 5-23 Chapter Hypothetical Case • In response to a rising tide of gun violence, the city council of Stewart, New Jersey decides to ban the sale and possession of assault weapons within its city limits A coalition of ten gun stores within the Stewart city limits, in addition to a group of their most loyal patrons, immediately files a lawsuit, stating that the city council's move is a violation of Second Amendment rights • Research whether U.S cities or states have laws on the books that ban assault weapons If you find that some do, research whether these laws have been challenged in the courts If you find some instances, what were the outcome(s)? Do you believe that the Stewart City Council is violating the Second Amendment rights of its citizens? If so, what part(s), if not all, of the law is in violation? 5-24 ... (Article VI) • Provides that federal law is the "supreme law" of the United States • Any state or local law that directly conflicts with federal law is void 5-10 The Commerce Clause (Article I, Section... declare laws passed by Congress unconstitutional • On executive branch: • Can declare acts of the executive branch unconstitutional 5-9 The Supremacy Clause (Article VI) • Provides that federal law. .. government may not pass any "Law impairing the Obligation of Contract." 5-13 Protections of the Bill of Rights • First ten amendments substantially affect government regulation of business • Prohibit