Constitutional Law 1 Cards

Transcription

1 a Constitutional Law 1 Cards Card 1 Your uncle just celebrated his 30th birthday. Can he run for the House of Representatives? Card 2 A candidate you strongly support was just elected senator. How many years must pass until this candidate can be reelected? Card 3 Card 4 The media are reporting a raise in federal income tax for the coming year. Where did the proposal for this new tax originate? Troops from a foreign country have invaded Oregon. Which branch of government has the power to declare war against this aggressor? Card 5 The United States and another country recently agreed to a treaty on arms reductions. Who has the power to make such a treaty with a foreign country? Card 6 The president appointed a new ambas sador to Haiti. Who must approve this appointment before it can take effect? Card 7 A Supreme Court justice has announced her retirement. Who has the power to nominate a replacement? Card 8 The presidential candidate you favor has been called the youngest person ever to run for president. How old must this candidate be to qualify for the presidency? Card 9 You are disappointed the morning after Election Day to discover that the new president was not who you voted for. In how many years can you vote again? Card 10 If a vice president were to commit a federal offense, who has the power to impeach him or her? Who has the power to try the impeached official? Teachers Curriculum Institute The United States Constitution 1

2 a Card 11 Card 12 Who has the power to regulate trade between states? What is the vice president s only constitutional responsibility? Card 13 Card 14 An argument has arisen between two states. Who has the power to settle this dispute? After law school, your hope is to someday serve on the Supreme Court. How long would your term of service be? Card 15 In the 2000 presidential election, George Bush won by only 5 electoral votes. Who appointed the electors who cast those votes? Card 16 Who is the commander in chief of the U.S. military forces? Card 17 Card 18 A law in your state was recently passed that contradicts a previous law passed by Congress. Which law does the Constitution say is valid? A state s governor recently denounced the U.S. government publicly during a speech. Can this governor be tried for treason? Card 19 There has been talk of a new amendment allowing foreign-born citizens to run for president. Who would have the power to propose this amendment? Card 20 Who has the power to approve or veto legislation? Teachers Curriculum Institute The United States Constitution 2

3 b Constitutional Law 1 Matrix Card Article Section Answer to Question Constitutional Provision with Key Words Underlined Teachers Curriculum Institute The United States Constitution 3

4 b Card Article Section Answer to Question Constitutional Provision with Key Words Underlined Teachers Curriculum Institute The United States Constitution 4

5 c Constitutional Law 2 Cards Card 1 Article IV, Section 2, Clause 1 Card 2 Article II, Section 2, Clause 2 Card 3 Article I, Section 7, Clause 2 Card 4 Tenth Amendment Card 5 Article I, Section 2, Clause 1 Card 6 Article I, Section 8, Clause 3 Card 7 Preamble Card 8 Article VI, Clause 2 Card 9 Article IV, Section 4 Card 10 Article III, Section 1 Teachers Curriculum Institute The United States Constitution 5

6 D Constitutional Law 2 Matrix Card Principle or Principles Exemplified Explanation of How These Principles Are Exemplified Teachers Curriculum Institute The United States Constitution 6

7 E Background on Three Constitutional Cases Case 1: Youngstown Sheet and Tube Co. v. Sawyer In 1952, the Korean War was in full swing. The war effort demanded that more and more weapons be made, which required the production of more and more steel. President Truman worried about an imminent strike by the United Steelworkers of America and foresaw the detrimental effect this strike could have on national defense. He issued an executive order authorizing his secretary of commerce to seize control of the steel industry and keep the steel mills operating. The president immediately reported his order to Congress, which took no action in response. The mill owners filed suit against President Truman s secretary of commerce in federal district court. They argued that the president s order was an example of lawmaking, a power granted to Congress and not to the president. In other words, they did not deny that the government could take over their property in the event of an emergency. They simply argued that another branch of government rightfully had the power to do it. The federal government responded that the executive order was issued to prevent a national catastrophe that would have resulted if steel production had halted. They further argued that the president was acting within the boundaries of his constitutional powers as commander in chief of the armed forces of the United States. The case was brought before the Supreme Court to decide this question: Does the president have the power, as commander in chief of the armed forces, to seize control of an industry during wartime? After you have reviewed the relevant parts of the Constitution, predict what the Supreme Court will decide. Yes, the president has the power to seize control of an industry during wartime. No, the president does not have the power to seize control of an industry during wartime. Teachers Curriculum Institute The United States Constitution 7

8 E Case 2: Gonzales v. Raich In 1970, Congress passed the Controlled Substances Act, which categorizes certain drugs based on what Congress believes to be their medical value. Under that act, Congress asserted that marijuana has no accepted medical value. As a result, it remains an illegal substance in the United States. Twenty-six years later, in 1996, voters in California passed Proposition 215. This state law legalized marijuana for medical purposes and allowed patients to use and grow the plant within the state. However, after the law was passed, federal law enforcement agents in California began raiding properties and seizing marijuana crops from people who were growing it for medical purposes, arguing that federal law trumped state law. In 2002, Angel Raich and Diane Monson sued the federal government. They hoped to stop the government from interfering with their state-sanctioned right to use and grow marijuana for medical purposes. The women claimed that under California state and local law, it was legal to grow and use medicinal marijuana. Raich s physician noted that Raich would die without marijuana. Monson explained that she grew marijuana plants as part of a cooperative venture with other patients and that no money ever changed hands. Therefore, she said, her actions had no direct impact on interstate activity or commerce. In 2003, a court of appeals found that the Controlled Substances Act was an unconstitutional exercise of Congress s Commerce Clause authority, which gives Congress the power to regulate trade between states. The court held that growing and using marijuana within a state did not substantially affect interstate commerce and therefore could not be regulated by Congress. In 2004, the case was brought to the Supreme Court to decide this question: Does Congress s power to make laws and regulate commerce allow the federal government to prohibit activities that are in compliance with state law? After you have reviewed the relevant parts of the Constitution, predict what the Supreme Court will decide. Yes, the federal government has the power to prohibit activities that comply with state law. No, the federal government does not have the power to prohibit activities that comply with state law. Teachers Curriculum Institute The United States Constitution 8

9 E Case 3: Hamdi v. Rumsfeld In 2001, the United States was in Afghanistan fighting against the Taliban in the war on terrorism. While there, the United States military arrested an American citizen whom they believed was fighting on behalf of the Taliban and, therefore, had adhered to an enemy of the United States. This citizen, Yaser Esam Hamdi, was labeled an enemy combatant and sent to a military prison in Virginia for an indefinite amount of time. Hamdi declared that his Fifth Amendment rights were being violated since he was being held indefinitely and was being denied the right to a trial. His lawyer filed a petition in federal district court declaring Hamdi s imprisonment unconstitutional. The government s response was that the executive branch could, during wartime, declare anyone who took up arms against the United States to be an enemy combatant and deny that person a trial. The court decided in favor of Hamdi, and the government was ordered to immediately release him from prison. However, a court of appeals reversed the decision, determining that the judicial branch was not equipped to consider a case involving overseas conduct. They felt it was in the nation s best interests to allow the executive branch to determine who might qualify as an enemy combatant. The case was then brought before the Supreme Court in 2004 to decide this question: Does the executive branch have the power to suspend a citizen s civil rights during times of war? After you have reviewed the relevant parts of the Constitution, predict what the Supreme Court will decide. Yes, the executive branch has the power to suspend a citizen s civil rights during times of war. No, the executive branch does not have the power to suspend a citizen s civil rights during times of war. Teachers Curriculum Institute The United States Constitution 9