The U.S. Constitution

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The U.S. Constitution

• AP Government Politics
• Unit 2

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John Locke

• English philosopher who wrote Two Treatises on
  Government in 1690.
• Government is a contract between citizens and
  their rulers.
• The purpose of government is
• to protect the rights of life, liberty, and
  property.
• to create order in society.
• Citizens have the right to rebel against a
  government that does not respect the rights of
  its citizens.
• Rulers should stay in power only as long as they
  have the consent of the people they govern.
• John Lockes writings were used as a model for
  the Framers
• Especially Jefferson

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Articles of Confederation

• Adopted by Congress on November 15, 1777, the
  Articles became operative on March 1, 1781
• The Articles of Confederation-- in effect, the
  first constitution of the United States.
• Did not work very well at governing the young
  country.

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The Weaknesses of the Articles

• Could not tax
• Could not raise a national army
• Could not coin/print money
• No Regulation of trade between states
• States charged each other tariffs
• No Executive Branch
• No Judicial Branch
• A unicameral (one-house) Congress
• 9 of 13 votes to pass a law
• 13 out of 13 states needed to amend.
• Representatives were frequently absent!

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The Constitutional Convention

• The Philadelphia Convention (now also known as
  the Constitutional Convention), took place from
  May 25 to September 17, 1787, to address problems
  in The United States of America following
  independence from Great Britain.

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The Constitutional Convention

• Although it was only supposed to revise the
  Articles of Confederation, many of the
  Convention's delegates, including James Madison
  and Alexander Hamilton, were there to create a
  new government rather than "fix" the existing
  one.

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The Constitutional Convention

• The delegates elected George Washington to
  preside over the convention.
• The result of the Convention was the United
  States Constitution!!!!

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Virginia Plan

• On May 29, 1787, Virginia proposed what became
  known as "The Virginia Plan..
• The legislature was to be set up with 2 houses
  one with members elected by the people for 3-year
  terms and the other composed of older leaders
  elected by the state legislatures for 7-year
  terms.
• Both would use population as a basis for dividing
  seats among the states.

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New Jersey Plan

• After two weeks of debating the Virginia Plan, a
  counterproposal was put forth by William
  Patterson, which has become known as the New
  Jersey Plan (or the Small State Plan or the
  Patterson Plan).
• The plan once again offered the idea of a
  unicameral (one house) legislature in which all
  states would have an equal number of votes

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The Great Compromise (AKA Connecticut Compromise)

• To solve the differences regarding representation
  the Framers appointed a committee which
  recommended a compromise, known as the
  Connecticut Compromise or the Great Compromise.
• The solution contained three important parts
  Congress would be a legislature, with a Senate
  and a House of Representatives.
• The small states received the equal
  representation they desired in the Senate. The
  large states won control of the House which was
  given important powers related to taxing and
  spending.

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Bicameralism

• What other reason explains why ELSE did the
  Framers created 2 the parts/houses of Congress?
• Be able to explain!

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US Constitution

• The Constitution of the United States comprises
  the primary law of the U.S. Federal Government
  and the landmark legal document of the United
  States.
• The Constitution of the United States is the
  oldest Federal constitution in existence and was
  framed by a convention of delegates from twelve
  of the thirteen original states in Philadelphia
  in May 1787.
• It also describes the three chief branches of the
  Federal Government and their jurisdictions. In
  addition, it lays out the basic rights of
  citizens of the United States.

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The Organization of theUS Constitution

• There are seven Articles in the Constitution
• The Articles are divided into Sections
• Sections are divided into Clauses
• Example
• I. Article
• Section
• 1. Clause

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Know the Seven Articles!

• Article I
• The Legislative Branch
• Article II
• The Executive Branch
• Article III
• The Judicial Branch
• Article IV
• Relationships among the States

• Article V
• Amending the Constitution
• Article VI
• Supreme Law of the Land
• Debts, Supremacy, Oaths of Office
• Article VII
• The Ratification Process

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The Federalist Papers

• Essays written in 1787 and 1788 by James Madison,
  John Jay, and Alexander Hamilton under the
  penname of Publius
• Designed to advocate the ratification of the new
  constitution by the states
• An authoritative but unofficial explanation of
  American government by those who created it.

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Why was the Constitution Framed?The Roche and
Beard Theories

• Charles Beard argued that the framers who had
  drafted the American Constitution acted more on
  economic motives than for abstract ideals (An
  Economic Interpretation of the Constitution of
  the United States- 1913)

• John Roche saw the framers as practical
  politicians who were above all nationalists
  seeking the necessary compromises to get
  agreement among themselves and from the people.

• Charles Beard
• 1874-1948

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Important Constitutional Powers to Know

• Enumerated Powers
• (or delegated or expressed)
• Reserved Powers
• Concurrent Powers
• Implied Powers
• Denied Powers

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Federal, State, and Shared Powers
Enumerated Powers (Expressed or delegated) Powers given to the federal government The Federal Government can declare war provide for the national defense establish foreign policy and conduct diplomacy admit new states regulate interstate commerce establish a postal system set standard weights and measures coin money make all laws necessary and proper for carrying out delegated powers elastic clause Concurrent Powers Powers shared by the federal and state governments Both the federal and state governments can make and enforce laws levy taxes borrow money charter banks establish courts provide for the public welfare Reserved Powers Powers held only by the states or the people They are not listed but include establish and maintain schools establish local governments regulate trade within the state make marriage laws assume all other powers not delegated to the national government or prohibited to the states
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Enumerated Powers(or delegated or expressed)

• Enumerated Powers are powers given to the federal
  government by the terms of the U.S. Constitution.
• These powers are found in Article I Section 8 of
  the United States Constitution
• They enumerate the authority granted to the
  United States Congress.
• Congress may exercise only those powers that are
  stated in the Constitution, and are limited by
  the Bill of Rights and the other protections
  found in the Constitution.

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Reserved Powers

• Reserved powers are those that have been reserved
  specifically for the states or are of a
  traditionally state scope.
• These consist mostly of police powers, such as
  providing fire and police protection,
  establishment of health regulations, licensing,
  and education(?).

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Concurrent Powers

• Concurrent powers are those held to some extent
  by both the federal and state governments.
• Both, for example, have taxation power, the
  ability to construct and maintain roads, and
  other spending for the general welfare.

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Implied Powers

• Implied Powers give the branches of government
  flexibility when it comes to carrying out their
  express powers.
• The Legislative Branchs implied powers flow from
  the Necessary and Proper Clause.
• The Executive Branchs implied powers flow from
  the powers of Commander-in-Chief, and the
  Executive's emergency powers.
• The Judicial Branch has assumed the implied power
  of judicial review, as shown in Marbury v.
  Madison.

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Denied Powers

• Many things are denied of both or either levels
  of government.
• States, for example, have no authority to coin
  money or wage war.
• Neither may pass a bill of attainder or any ex
  post facto law.
• The Bill of Rights applies restrictions to the
  federal government, but Bill of Rights originally
  had no effect of restriction on the states.
• However, interpretation of the 14th Amendment's
  due process clause has incorporated much of the
  upholding of civil rights to the states. all of
  the Bill of Rights applies restrictions to the
  federal government.

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Important Clauses of the Constitution to Know

• Supremacy Clause
• Necessary and Proper Clause
• Commerce Clause
• Contract Clause
• Full Faith and Credit Clause
• Republican Form of Government Clause

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Supremacy Clause

• Article VI- "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, any Thing in the Constitution or
  Laws of any State to the contrary
  notwithstanding.
• Under the Supremacy Clause, everyone must follow
  federal law in the face of conflicting state law.
  

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Necessary and Proper Clause

• Article I- Section 8
• To make all Laws which shall be necessary and
  proper for carrying into Execution the foregoing
  Powers and all other Powers vested by this
  Constitution in the Government of the United
  States, or in any Department or Officer thereof
• Also known as the elastic clause because it can
  be used to stretch the powers of the federal
  government
• This clause grants to Congress the power to enact
  laws to carry out the enumerated powers which
  are specifically assigned to the federal
  government.

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Commerce Clause

• Article I, Section 8, Clause 3
• "To regulate Commerce with foreign Nations, and
  among the several States, and with the Indian
  Tribes."
• The direct source of one the most important
  powers of the federal government
• Strengthens federal power while setting
  limitations on state power

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Contract Clause

• Article I, Section 10, Clause 1
• No State shall enter into any Treaty, Alliance,
  or Confederation grant Letters of Marque and
  Reprisal coin Money emit Bills of Credit make
  any Thing but gold and silver Coin a Tender in
  Payment of Debts pass any Bill of Attainder, ex
  post facto Law, or Law impairing the Obligation
  of Contracts, or grant any Title of Nobility.
• The Contract Clause applies to contracts between
  private individuals or contracts made by a state
  government.
• However, if a contract endangers the health,
  safety, or welfare of the public, the state may
  regulate or void it.

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Full Faith and Credit Clause

• Article IV, Section 1.
• Full faith and credit shall be given in each
  state to the public acts, records, and judicial
  proceedings of every other state...
• Section 2. The citizens of each state shall be
  entitled to all privileges and immunities of
  citizens in the several states.
• The Full Faith and Credit Clause requires each
  state to recognize a judgment entered in another
  state

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Republican Form of Government Clause

• Article IV, Section 4
• The United States shall guarantee to every state
  in this union a republican form of government,
  and shall protect each of them against invasion
  and on application of the legislature, or of the
  executive (when the legislature cannot be
  convened) against domestic violence
• This insures that the citizens of each state that
  their state governments elect their officials and
  that republican standards are followed

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Methods of Formally Amending the Constitution

• Part 1. Proposing an Amendment
• There are essentially two ways spelled out in the
  Constitution for how to propose an amendment.
• By way of the Congress
• By way of the states
• The second way has
• never been used.

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Methods of Formally Amending the Constitution
Proposal by Congress Method

• The first method is for a bill proposing to pass
  both houses of the legislature, by a two-thirds
  majority in each.
• This is the route taken by all current
  amendments.
• Because of some long outstanding amendments, such
  as the 27th, Congress will normally put a time
  limit (typically seven years) for the bill to be
  approved as an amendment (for example, see the
  21st and 22nd).

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Methods of Amending the ConstitutionProposal by
the States Method

• The second method prescribed is for a
  Constitutional Convention to be called by
  two-thirds of the legislatures of the States
• These amendments are then sent to the states to
  be approved by three-fourths of the legislatures
  or conventions.
• This route has never been taken, and there is
  discussion in political science circles about
  just how such a convention would be convened, and
  what kind of changes it would bring about.

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Part 2Approval/Ratification by the States

• Regardless of which of the two proposal routes is
  taken, the amendment must be ratified, or
  approved, by three-fourths of states.
• Once the amendment has passed both houses, it
  goes on to the states where ¾ of states must
  ratify it

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Part 2Approval/Ratification by the States

• There are two ways to do this, too.
• Through the state legislatures
• Or by a state convention.
• Amendments are sent to the legislatures of the
  states by default.
• Only one amendment, the 21st, specified a
  convention.
• In any case, passage by the legislature or
  convention is by simple majority.

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To Summarize.

• The Constitution, then, spells out four paths for
  an amendment
• Proposal by convention of states, ratification by
  state conventions (never used)
• Proposal by convention of states, ratification by
  state legislatures (never used)
• Proposal by Congress, ratification by state
  conventions (used once- 21st)
• Proposal by Congress, ratification by state
  legislatures (used all other times)

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Methods of Informally Amending the Constitution

• The Informal Process
• There are essentially two ways that change can
  occur
• Through the courts and judicial review
• Established in Marbury v Madison
• Through social and cultural change
• Laws, regulations, referendums passed concerning
  equality for all modern ideas

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The Bill of Rights

• A number of prominent Americans were alarmed at
  the omission of individual liberties in the
  proposed constitution.
• The Bill of Rights satisfied these critics and in
  1791 became the first ten amendments to the
  Constitution.....known collectively as The Bill
  of Rights.

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Practice Constitution Quiz
14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26
. 27.

• Articles
• I
• II
• III
• IV
• V
• VI
• VII

• Amendments
• 1.
• 2.
• 3.
• 4.
• 5.
• 6.
• 7.
• 8.
• 9.
• 10.
• 11
• 12.
• 13.

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For the QuizKnow The Bill of Rights!!(FYI
Quiz has actual wording)

1. Freedom of religion, speech, press, assembly, and
   petition.
2. Right to keep and bear arms in order to maintain
   a well regulated militia.
3. No quartering of soldiers.
4. Freedom from unreasonable searches and seizures.
5. Right to due process of law, freedom from
   self-incrimination, double jeopardy.
6. Rights of accused persons, e.g., right to a
   speedy and public trial.
7. Right of trial by jury in civil cases.
8. Freedom from excessive bail, cruel and unusual
   punishments.
9. Other rights of the people.
10. Powers reserved to the states.

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• Amendment I
• 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.
• Amendment II
• 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.
• Amendment III
• 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.

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• Amendment IV
• 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.
  
• Amendment V
• 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 offense 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.

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• Amendment VI
• 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.
• Amendment VII
• 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
  reexamined in any court of the United States,
  than according to the rules of the common law.

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• Amendment VIII
• Excessive bail shall not be required, nor
  excessive fines imposed, nor cruel and unusual
  punishments inflicted.
• Amendment IX
• The enumeration in the Constitution, of certain
  rights, shall not be construed to deny or
  disparage others retained by the people.
• Amendment X
• 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.

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Amendment XI The Judicial power of the United
States shall not be construed to extend to any
suit in law or equity, commenced or prosecuted
against one of the United States by Citizens of
another State, or by Citizens or Subjects of any
Foreign State. Amendment XII The Electors shall
meet in their respective states, and vote by
ballot for President and Vice-President, one of
whom, at least, shall not be an inhabitant of the
same state with themselves they shall name in
their ballots the person voted for as President,
and in distinct ballots the person voted for as
Vice-President, and they shall make distinct
lists of all persons voted for as President, and
of all persons voted for as Vice-Presidentdirecte
d to the President of the Senate
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• Amendment XIII
• Neither slavery nor involuntary servitude, except
  as a punishment for crime whereof the party shall
  have been duly convicted, shall exist within the
  United States, or any place subject to their
  jurisdiction.
• Amendment XIV
• All persons born or naturalized in the United
  States, and subject to the jurisdiction thereof,
  are citizens of the United States and of the
  State wherein they reside. No State shall make or
  enforce any law which shall abridge the
  privileges or immunities of citizens of the
  United States 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.

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• Amendment XV
• The right of citizens of the United States to
  vote shall not be denied or abridged by the
  United States or by any State on account of race,
  color, or previous condition of servitude.
• Amendment XVI
• The Congress shall have power to lay and collect
  taxes on incomes, from whatever source derived,
  without apportionment among the several States,
  and without regard to any census or enumeration

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• Amendment XVII
• The Senate of the United States shall be composed
  of two Senators from each State, elected by the
  people thereof, for six years and each Senator
  shall have one vote. The electors in each State
  shall have the qualifications requisite for
  electors of the most numerous branch of the State
  legislatures
• Amendment XVIII
• After one year from the ratification of this
  article the manufacture, sale, or transportation
  of intoxicating liquors within, the importation
  thereof into, or the exportation thereof from the
  United States and all territory subject to the
  jurisdiction thereof for beverage purposes is
  hereby prohibited.
• Amendment XIX
• The right of citizens of the United States to
  vote shall not be denied or abridged by the
  United States or by any State on account of sex.

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• Amendment XX
• The terms of the President and Vice President
  shall end at noon on the 20th day of January, and
  the terms of Senators and Representatives at noon
  on the 3d day of January, of the years in which
  such terms would have ended if this article had
  not been ratified and the terms of their
  successors shall then begin. , at the time fixed
  for the beginning of the term of the President,
  the President elect shall have died, the Vice
  President elect shall become President. If a
  President shall not have been chosen before the
  time fixed for the beginning of his term, or if
  the President elect shall have failed to qualify,
  then the Vice President elect shall act as
  President until a President shall have qualified
  and the Congress may by law provide for the case
  wherein neither a President elect nor a Vice
  President elect shall have qualified, declaring
  who shall then act as President, or the manner in
  which one who is to act shall be selected, and
  such person shall act accordingly until a
  President or Vice President shall have qualified.

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Amendment XXI The eighteenth article of amendment
to the Constitution of the United States is
hereby repealed Amendment XXII No person shall
be elected to the office of the President more
than twice, and no person who has held the
office of President, or acted as President, for
more than two years of a term to which some other
person was elected President shall be elected to
the office of the President more than once.
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Amendment XXIIIThe District (of Columbia)
constituting the seat of government of the United
States shall appoint in such manner as the
Congress may direct a number of electors of
President and Vice President equal to the whole
number of Senators and Representatives in
Congress to which the District would be entitled
if it were a state they shall be in addition to
those appointed by the states, but they shall be
considered, for the purposes of the election of
President and Vice President Amendment XXIV The
right of citizens of the United States to vote in
any primary or other election for President or
Vice President, for electors for President or
Vice President, or for Senator or Representative
in Congress, shall not be denied or abridged by
the United States or any state by reason of
failure to pay any poll tax or other tax.
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Amendment XXV In case of the removal of the
President from office or of his death or
resignation, the Vice President shall become
President. Whenever there is a vacancy in the
office of the Vice President, the President shall
nominate a Vice President who shall take office
upon confirmation by a majority vote of both
Houses of Congress. Whenever the President
transmits to the President pro tempore of the
Senate and the Speaker of the House of
Representatives his written declaration that he
is unable to discharge the powers and duties of
his office, and until he transmits to them a
written declaration to the contrary, such powers
and duties shall be discharged by the Vice
President as Acting President. Whenever the Vice
President and a majority of either the principal
officers of the executive departments or of such
other body as Congress may by law provide,
transmit to the President pro tempore of the
Senate and the Speaker of the House of
Representatives their written declaration that
the President is unable to discharge the powers
and duties of his office, the Vice President
shall immediately assume the powers and duties of
the office as Acting President.
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Amendment XXVI The right of citizens of the
United States, who are 18 years of age or older,
to vote, shall not be denied or abridged by the
United States or any state on account of
age. Amendment XXVII No law varying the
compensation for the services of the Senators and
Representatives shall take effect until an
election of Representatives shall have intervened.
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AP Government Case File

• Name of case- Date of Decision
• Facts of Case-
• What happened, who won
• Importance of Case
• How did the Supreme Court decision impact the
  law, how we live, work
• Unit 2 Case File
• Cases that deal with federalism issues
• All cases address the question of
• Is the state or the federal government supreme
  in the area of
• Case files will be checked periodically-
• No Procrastination!!

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Marbury v. Madison (1803)

• The Judiciary Act of 1801 gave the president the
  right to appoint members of the judicial branch.
• William Marbury had been commissioned justice of
  the peace in the District of Columbia by
  President John Adams in the midnight
  appointments at the very end of his
  administration.
• When the new administration did not deliver the
  commission, Marbury sued James Madison,
  Jeffersons Secretary of State.

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Importance of Case

• The Court and Chief Justice John Marshall ruled
  that a part of the Judiciary Act of 1789 was
  unconstitutional, thus the appointment was
  voided. (The BIG winner was the Court and
  Marshall)
• The Courts decision in Marbury v Madison
  (1803)established judicial review.
• Thus the Court could declare acts of Congress,
  and acts of the president unconstitutional if
  they exceeded the powers granted by the
  Constitution.

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McCulloch v. Maryland (1819)

• In 1791, the U.S. government created the
  controversial first national bank.
• The State of Maryland tried to close a branch of
  the Bank of the United States by making that
  branch pay 15,000 in taxes. James McCulloch, who
  worked at the Baltimore branch of the Bank of the
  United States, did not pay the tax. The State of
  Maryland took him to court.
• Issue 1
• Can there be a Bank of the US??
• Issue 2
• Can Maryland tax the Bank of the US??

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Importance of Case

• Issue 1
• The Court said YES
• Issue 2
• The Court said NO!
• Chief Justice Marshall not only endorsed the
  constitutionality of the bank, but went on to
  uphold a broad interpretation of the federal
  government's powers under the Constitution
• Marshall also noted that Congress possessed
  unenumerated powers not explicitly outlined in
  the Constitution (necessary and proper clause).
• Cited the Supremacy Clause in Article VI Clause 2
  

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Gibbons vs. Ogden (1824)

• Ogden held a New York State license allowing him
  to operate a ferry across the Hudson between New
  York and New Jersey.
• Gibbons received a Federal license and claimed
  that his license superceded that of Ogden.
• Was the federal license more important than the
  state license?

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Decision and Importance of Case

• Yes!
• The Court ruled that Gibbon's federal license
  took precedence over that of Ogden because the
  federal government was given the power to
  regulate interstate trade.
• Why important- The Commerce Clause expanded
  federal power
• Congressional power to regulate interstate
  commerce was established.

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Fletcher v. Peck (1810)

• John Peck purchased land in Georgia that had
  previously been sold under the 1795 Land Act.
• A new GA administration passed a law voiding the
  land grants made by the previous administration
  (The Yazoo Land Fraud)
• Peck sold this land to Robert Fletcher and in
  1803 Fletcher brought suit against Peck, claiming
  that he did not have clear title to the land when
  he sold it.
• Did Fletcher have a case and the right to the
  land he bought from Peck?

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Decision and Importance

• The Court said YES!
• Marshall ruled that the contract had to stand so,
  Pecks original contract was held as valid
  interpreting Article I, Sect 10 of the
  Constitution to forbid states to declare
  contracts void.
• Importance Created contract law and invalidated
  illegal state laws.

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Dartmouth v. Woodward (1815)

• Dartmouth Colleges charter was granted by King
  George III in 1769.
• In 1815, the legislature of New Hampshire
  attempted to invalidate Dartmouth's charter in
  order to convert the school from a private to a
  public institution.
• The trustees of the College objected, and thus
  sought to have the act of the legislature
  declared unconstitutional.
• Who won???

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Decision and Importance

• Dartmouth won!
• The decision was in favor of the college, and
  invalidated the act of the New Hampshire
  legislature and allowed Dartmouth to remain a
  private institution.
• Importance Strengthened the Commerce and
  Contract clause and limiting the power of the
  States to interfere with private institutions'
  charters protected contracts against
  specifically state encroachments.
• More recently it has had the effect of
  safeguarding business enterprises from state
  governments dominion.

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Barron v. Baltimore (1833)

• Background- John Barron owned a wharf in the
  harbor at Baltimore. When municipal street
  construction made his wharf too shallow for most
  ships to enter, he sued the city.
• The suit contended that the citys action
  violated the Fifth Amendment, which provides that
  private property shall not be taken for public
  use without just compensation.
• The legal issue was this Could the Fifth
  Amendment be used to restrain the power of a
  state as well as that of the United States?

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Importance of Case

• No! Chief Justice John Marshall said that the
  first ten amendments restrained only the federal
  government not the states constitutions.
• Mr. Barron lost his case against the city
• Citizens civil and political liberties were not
  protected from the states according to the case.
• Americans would have to wait 100 years for this
  to change in Gitlow v New York.

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Gitlow v NY 1925

• Facts of the Case
• Gitlow, a socialist, was arrested for
  distributing copies of a "left-wing manifesto"
  that called for the establishment of socialism
  through strikes and class action of any form.
• He was convicted under a state criminal anarchy
  law, which punished advocating the overthrow of
  the government by force.
• However, he did not condone violence or the
  overthrowing of the government in the pamplet.
• Question
• Did the New York law violate the free speech
  clause of the First Amendment?

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Amendment XIV

• All persons born or naturalized in the United
  States, and subject to the jurisdiction thereof,
  are citizens of the United States and of the
  State wherein they reside. No State shall make or
  enforce any law which shall abridge the
  privileges or immunities of citizens of the
  United States 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.

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Gitlow v NY 1925

• The Court said Yes!
• It overturned idea in Barron v Baltimore that the
  Bill of Rights can only be applied to the federal
  government and incorporated these rights into the
  14th amendment
• Known as Incorporation or selective incorporation
  because the courts are selective when using it
• States were now prohibited from impairing
  citizens personal freedoms and Constitutional
  rights not just the federal government
• Used 14th Amendments Equal Protection clause

70
NLRB vs. Jones Laulfin Steel (1937)

• Jones operated a national-level iron and steel
  plant. He was accused of discriminatory
  discharges of its employees for their involvement
  in union activities.
• He was sued by the National Labor Relations Board
  for unlawfully firing his employees.
• Does Congress have the power to enforce the NLRB
  regulations at Jones business?

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Decision and Importance of Case

• The Court said, Yes!
• Congress had the power because of the Commerce
  Clause.
• (the employees firings) could have immediate
  and catastrophic effects on interstate commerce.
  
• Set precedence for other businesses dealing with
  labor unions who had to follow federal guidelines.

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Heart of Atlanta Motel vs. United States (1964)

• The Heart of Atlanta motel was a large, 216-room
  motel in Atlanta, GA. which refused to rent rooms
  to black patrons.
• The owner of the motel filed suit in federal
  court, arguing that the requirements of the Civil
  Rights Act exceeded the authority granted to
  Congress over interstate commerce.

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Decision and Importance of Case

• The Court said, NO!
• Why important?-Interstate commerce and public
  accommodations can not be discriminated
• Used often in Civil Rights cases