Class 10 - Dec. 13 -
Eighth, Ninth, and Tenth Amendments
Eighth Amendment Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted. Ninth Amendment The enumeration in the Constitution, of certain rights,
shall not be construed to deny or disparage others retained by
the people. Tenth Amendment The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserved
to the States respectively, or to the people.
Article VI, Clause 2: Supremacy Clause
This Constitution, and the laws of the United States which
shall be made in pursuance thereof; and all treaties made, or
which shall be made, under the authority of the United States,
shall be the supreme law of the land; and the judges in every
state shall be bound thereby, anything in the Constitution or
laws of any State to the contrary notwithstanding.
Class 9 - Dec. 6 - Sixth
and Seventh Amendments
Sixth Amendment: In all criminal prosecutions, the accused shall enjoy the
right to a speedy and public trial, by an impartial jury of
the State and district wherein the crime shall have been
committed, which district shall have been previously
ascertained by law, and to be informed of the nature and cause
of the accusation; to be confronted with the witnesses against
him; to have compulsory process for obtaining witnesses in his
favor, and to have the Assistance of Counsel for his defense.
Seventh Amendment:
In Suits at common law, where the value in controversy shall
exceed twenty dollars, the right of trial by jury shall be
preserved, and no fact tried by a jury, shall be otherwise
re-examined in any Court of the United States, than according
to the rules of the common law.
Class 8 - Nov. 29 - Fifth Amendment and the Equal Protection Guarantee
Fifth Amendment:
“No person shall ... be deprived of life, liberty,
or property, without due process of law”
Fourteenth Amendment:
"nor
shall any State deprive any person of life, liberty,
or property, without due process of law; nor deny to any person within its
jurisdiction the equal protection of the
laws."
Standards of Scrutiny
1. MINIMUM SCRUTINY TEST (used for non-suspect classifications
like age).
The test asks “Is the use of the
classification rationally related to a
legitimate government interest?” and is also called rational basis
review. Under this standard, the challenger must
prove that the use of the classification is not
rationally related to a legitimate govt interest.
This standard presumes the law is constitutional
and requires the challenger to prove otherwise.
2. INTERMEDIATE SCRUTINY TEST (is used for quasi-suspect
classifications like gender)
The test asks: Is the use of the
classification substantially related to the
accomplishment of an important government
interest? Under this test, while the government
has to show a close fit between the use of the
classification and the government’s objective, it
doesn’t need to prove that the use of the
classification is absolutely necessary to
accomplish its objective. The test presumes the
use of the classification is unconstitutional, but
the presumption is not as strong as under the
strict scrutiny test.
3.
STRICT SCRUTINY TEST (used for suspect classifications
including race, national origin, and ethnicity)
The standard asks: Is the use of the
classification necessary to the accomplishment
of a compelling government interest? Sometimes the word necessary is used and
sometimes the phrase narrowly tailored is used,
but under the strict scrutiny test both necessary
and narrowly tailored mean the government must
prove that it cannot achieve its compelling
objective without the use of the classification.
In other words, that there is no less
discriminatory classification that the government
can use to achieve its compelling objective. The
test strongly presumes the use of the
classification is unconstitutional and it is very
difficult for the govt to prove otherwise.
Class 7 - Nov. 22 - Fifth Amendment Due Process Clause and
the Equal Protection Guarantee
Planned Parenthood v. Casey:
An "undue burden" is a "shorthand for the conclusion that a
state regulation has the purpose or effect of placing a
substantial obstacle in the path of a woman seeking an
abortion of a nonviable fetus."
Planned Parenthood v.
Casey: "As with any medical procedure, the State may
enact regulations to further the health or safety of
a woman seeking an abortion. Unnecessary health
regulations that have the purpose or effect of
presenting a substantial obstacle to a woman seeking
an abortion impose an undue burden on the right."
Fifth Amendment:
“No person shall ... be deprived of life, liberty, or
property, without due process of law”
Fourteenth Amendment:
"nor shall
any State deprive
any person of life, liberty, or property, without
due process of law; nor
deny to any person within its jurisdiction the
equal protection of the laws."
Class
6 - Nov. 15 - Fifth Amendment Due Process Clause
Fifth Amendment:
“No person shall ... be deprived of life, liberty, or
property, without due process of law”
Section One of the Fourteenth Amendment:
“[N]or shall any State deprive any person of life, liberty, or
property, without due process of law”
Planned Parenthood v. Casey: "As with any medical procedure, the State may enact
regulations to further the health or safety of a woman
seeking an abortion. Unnecessary health regulations that
have the purpose or effect of presenting a substantial
obstacle to a woman seeking an abortion impose an undue
burden on the right."
Class 5 - Nov. 8 - Double Jeopardy, the privilege against
self-incrimination, and the Takings Clause
Text of Fifth Amendment
"No person shall be held to answer for a
capital, or otherwise infamous crime, unless on a presentment or
indictment of a Grand Jury, except in cases arising in the land or
naval forces, or in the Militia, when in actual service in time of
War or public danger; nor shall any person be subject for the
same offence to be twice put in jeopardy of life or limb; nor
shall be compelled in any criminal case to be a witness against
himself, nor be deprived of life, liberty, or property,
without due process of law; nor shall private property be
taken for public use, without just compensation."
Double Jeopardy - "nor shall any person be
subject for the same offence to be twice put in jeopardy of life
or limb" Privilege Against Self-Incrimination -
"nor shall be compelled in any criminal case to be a witness
against himself" Takings Clause - "nor shall private
property be taken for public use, without just compensation"
Class 4 - Nov. 1 - Second, Third, and Fourth Amendments
Second Amendment:
A well regulated Militia, being necessary to the security of
a free State, the right of the people to keep and bear Arms,
shall not be infringed. Third Amendment: 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. Fourth Amendment: The right of the people to be secure
in their persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be violated,
and no warrants shall issue, but upon probable cause,
supported by oath or affirmation, and particularly
describing the place to be searched, and the persons or
things to be seized.
Probable Cause: “Probable cause” exists where “the facts and
circumstances within their [the officers’] knowledge and of
which they had reasonably trustworthy information [are]
sufficient in themselves to warrant a [person] of reasonable
caution in the belief” that evidence of a crime would be found
in a search.
Class 3 - Oct. 25 - The Religion Clauses
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.
Class 2 - Oct. 18, 2021 -
Free Speech and Introduction to the Religion Clauses
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.
Text of First Amendment: 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.