"If You Ain`t Got The Do, Re, Mi": The Commerce Clause and State
... downturn of the late 1980s and early 1990s provides a case in point. In 1992,
the number of Americans living below the official poverty line climbed to its
highest point since 1964, the year that the nation declared its "war on
poverty." 4 Wrenching dislocations in the occupational structure and the ...
Denied and Disparaged: The Future of the Ninth Amendment
... Ninth and Tenth Amendments, the inquiry must be directed toward the granted power under which
the action of the Union was taken. If granted power is found, necessarily the objection of invasion of
those rights, reserved by the Ninth and Tenth Amendments, must fail. 1
Revitalizing the Quiet Ninth Amendment
... individual have a constitutional right to receive health care? One day,
these issues may be adjudicated in the United States' federal court
system, most likely the United States Supreme Court, but what constitutional provision will govern the dispute? Under current law, the
Due Process Clause of the ...
Constituting America Analyzing the Constitution Kid`s Style! Juliette
... again. ―whole number of free persons‖…what does it say in the Article of Confederation, ―white
and other free inhabitants.‖ Does that not include free African-Americans? It certainly does.
Between 1776-1787, there were approx. 10,000 free African-Americans. Thus, they were
included in the ―whole num ...
... write to vote
Southerners to vote
... 72) Article I of the United States Constitution establishes the ________ branch of government,
Article II establishes the ________ branch of government, and Article III establishes the
________ branch of government.
A) executive; judicial; legislative
B) judicial; legislative; executive
C) legislat ...
fourth amendment remedies as rights: the
... Contemporary Fourth Amendment Exclusionary Rule Jurisprudence, 50 AM. CRIM. L. REV.
1, 29-51 (2013), and Jennifer E. Laurin, Trawling for Herring: Lessons in Doctrinal
Borrowing and Convergence, 111 COLUM. L. REV. 670, 739-43 (2011).
15 See Acevedo, 500 U.S. at 582-84 (Scalia, J., concurring) (descr ...
- bepress Legal Repository
... federalist declaration of the Tenth Amendment.11 Thus, the contemporary debate
regarding the Ninth has proceeded without either side feeling obligated to
construct a judicially enforceable theory of the entire text.
In fact, taking the entire text of the Ninth Amendment seriously leads to some
In Search of Justice Black`s Fourth Amendment
... Justice Black's fourth amendment opinions were, in some respects,
consistent with his other constitutional opinions. As in the case of the
first amendment, he attempted to develop a literalist approach to
interpretation, though as I intend to demonstrate in the pages which
follow, the attempt must b ...
Reconstruction - Chino Valley Unified School District
... their own education efforts. For example, Freedmen’s Bureau agents found that some African
Americans had opened schools in abandoned
buildings. Many white southerners continued to believe that African Americans should
not be educated. Despite opposition, by 1869
more than 150,000 African American st ...
08-1521 McDonald v. Chicago (06/28/2010)
... ton v. Glucksberg, 521 U. S. 702, 721. Heller points unmistakably to
the answer. Self-defense is a basic right, recognized by many legal
systems from ancient times to the present, and the Heller Court held
that individual self-defense is “the central component” of the Second
Amendment right. 554 U. ...
Republicanism on the Outside: A New Reading
... it meant the creation of the Constitution itself was to be endorsed by the people.
As Professor Amar notes, the process by which the Constitution was created
and ratified enjoyed an unprecedented level of democratic participation.35
Second, republicanism meant that, for constitutional purposes, the ...
Reconstruction And Its Effects
... A map of the South under Military Reconstruction. Two years after the end of the
war, in large part because Andrew Johnson had been discredited by actions by
states formed under his reconstruction plan, Reconstruction began again, this
time under the control of Congress. The Military Reconstruction ...
Personal Security, Personal Liberty, and `the
... Section 3 . . . . If any white person shall sell, lend, or
give to any freedman, free negro, or mulatto any fire-arms, dirk
or bowie-knife, or ammunition, or any spirituous or intoxicating
liquors, such person or persons so offending, upon conviction
thereof in the county court of his or her county, ...
The Metes and Bounds of State Sovereign Immunity
... of this portion, depends on the instrument by which the surrender is made. If, upon a just
construction of that instrument, it shall appear that the State has submitted to be sued,
then it has parted with this sovereign right of judging in every case on the justice of its own
pretensions, and has en ...
"One loves to possess arms..." Thomas Jefferson in a letter to
... Second Amendment of the United States Constitution, the very source of every U.S. citizen's right
to possess firearms, is one of the most ignored and overlooked parts of the American Bill of Rights.4
Much of what has been said about the Second Amendment is hostile to the very rights so plainly
Martial Manhood Citizenship, Suffrage, and the un
... paralleled similar restrictions on the political participation of black men in other Northern states.
Attorney General Edward Bates’s opinion on the prospects of black citizenship articulated a
new theory of citizenship that served as the Union’s, and subsequently Republican’s, political
vision of t ...
Challenging the Wisdom of Solomon: The First Amendment and
... Larry C. Flynt 6 lost a legal fight before a federal appellate court in February 2004,
in which he claimed a First Amendment right of news media access to United States
troops in combat operations in the Middle East. 7 The press lost an earlier battle for
access to special-interest deportation heari ...
From Cities to Schoolyards: The Implications of an Individual Right
... Individual rights proponents claim that the preamble serves merely as an
explanatory phrase, not a restriction on the right to “keep and bear arms.”30 They
emphasize instead the latter portion of the Second Amendment31 (“the right of
the people to keep and bear Arms, shall not be infringed”) and cla ...
SC-2150 Opinion - Florida Supreme Court
... The opponents of the initiative contend that the proposed amendment violates the
single-subject requirement by removing the ability of the State to delegate its
regulatory powers to its political subdivisions and prohibiting the State from
revoking any powers it delegated to local governments befor ...
... Baker v. Carr: This was an issue of apportionment of the Tennessee
General Assembly. The P’s claimed debasement of their votes under the
equal protection amendment. They also claimed that because of that
“unequal representation” that had not been changed since 1901, in spite of
great population chan ...
Justice Black, the Fourteenth Amendment, and Incorporation
... regarding the relationship of the fourteenth amendment to the Bill
of Rights. That opportunity came with the Court's decision in Palko
2 announced less than 4 months
after Justice Black's
Speaking for the Palko Court, Justice Cardozo rejected the
claim that all the guar ...
the supreme court`s thirty-five other gun cases: what the supreme
... brawls). [FN20] The case cited by the Miller Court, Aymette v. State [FN21], is plainly in the
Standard Model, since it interprets the Tennessee Constitution's right to arms to protect an
individual right to own firearms, but only firearms suitable for militia *107 use; in dicta,
Aymette states that ...
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. The amendment addresses citizenship rights and equal protection of the laws, and was proposed in response to issues related to former slaves following the American Civil War. The amendment was bitterly contested, particularly by Southern states, which were forced to ratify it in order for them to regain representation in Congress. The Fourteenth Amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark decisions such as Roe v. Wade (1973) regarding abortion, Bush v. Gore (2000) regarding the 2000 presidential election, and Obergefell v. Hodges (2015) regarding same-sex marriage. The amendment limits the actions of all state and local officials, including those acting on behalf of such an official.The amendment's first section includes several clauses: the Citizenship Clause, Privileges or Immunities Clause, Due Process Clause, and Equal Protection Clause. The Citizenship Clause provides a broad definition of citizenship, overruling the Supreme Court's decision in Dred Scott v. Sandford (1857), which had held that Americans descended from African slaves could not be citizens of the United States. The Privileges or Immunities Clause has been interpreted in such a way that it does very little.The Due Process Clause prohibits state and local government officials from depriving persons of life, liberty, or property without legislative authorization. This clause has also been used by the federal judiciary to make most of the Bill of Rights applicable to the states, as well as to recognize substantive and procedural requirements that state laws must satisfy.The Equal Protection Clause requires each state to provide equal protection under the law to all people within its jurisdiction. This clause was the basis for Brown v. Board of Education (1954), the Supreme Court decision that precipitated the dismantling of racial segregation, and for many other decisions rejecting irrational or unnecessary discrimination against people belonging to various groups.The second, third, and fourth sections of the amendment are seldom litigated. However, the second section's reference to ""rebellion and other crime"" has been invoked as a constitutional ground for felony disenfranchisement. The fifth section gives Congress the power to enforce the amendment's provisions by ""appropriate legislation"". However, under City of Boerne v. Flores (1997), Congress's enforcement power may not be used to contradict a Supreme Court interpretation of the amendment.