1. “Constitutional Issues” have persisted over 232 years!

2. Constitutional Issues
Generally concerned with the question,
Can the
government
do that?

3. Constitutional Analysis❶
What does the constitution say? ❷
How have the courts interpreted and applied the constitution in similar cases in the past?

4. Can the government do that?
The Constitution articulates the powers of the government and the limits on that power.
But, analyzing and interpreting the constitution can be complicated!

5. U.S. Supreme Court Decisions
Is it Constitutional? Can the government prohibit or regulate gun ownership by individuals in the U.S. ?
US Constitution
2nd 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.”
U.S. Supreme Court Decisions
2008: District of Columbia v. Heller
The Federal government may not ban an individual’s right to own guns.
2010: McDonald v. Chicago
State and Local governments may not ban an individual’s right to own guns.

6. Can the government do that?
President Trump’s Executive Order
to Temporarily Ban All
Immigration from Seven
Muslim – Majority Countries
Can the President
do that?
The states of Washington and
Minnesota sued to stop the ban on
behalf of their residents.
Constitutional Issues
Article II gives the President powers to handle foreign affairs and address immigration. Can the federal courts find such decisions to be unconstitutional?
The 5th Amendment prevents the government from denying any person due process of law.
The 1st Amendment prevents the government from discriminating against any particular religion.
US Supreme Ct. ruled the ban was constitutional and can be implemented.

7. Can the government do that?
Obama’s Health Care Law
Can the federal government
require all individuals to
either have health insurance
or pay a penalty fee?
US Supreme Court Ruling
Yes,
the fee is equivalent to a tax,
and the 16th Amendment in the US Constitution
empowers the federal
government to levy taxes.
National Federation of Independent Business v. Sebelius
June 28, 2012
Ruling: 5-4

8. Can the government do that?
Obama’s Health Care Law
Republican Congress eliminated
the fine/fee/tax individual’s
must pay if they don’t
have insurance.
So, is the whole
ACA/Obama Care then
unconstitutional?
Federal Appeals Court ruled
Yes,
all of the ACA/Obama Care is unconstitutional.
This decision is going through other appeals on its way to the US Supreme Court

9. Which government can do that? Federal v. State Authority
Federal Government has authority to regulate or ban the possession, sale, or use of of dangerous or harmful substances.
State Governments Have the authority to regulate the practice of medicine within their states.
Who has authority over medical marijuana?

10. Constitutional disputes and analysis will never end!
The constitution, itself, changes
Societal values and conditions change
Judges change

11. A. The Constitution Changes Can people own slaves?
1789
The original
U.S. Constitution acknowledged and permitted slavery.
Article I, Sec 2 Enumeration Clause
Article 1, Sec 9 Importation Clause
Article 4, Sec 2 Fugitive Slave Clause
1865
13th Amendment
“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.”

12. A. The Constitution Changes Who can vote?
Each state decides who can vote.
Originally, all states severely restricted the right to vote
1870; 15th A. Non-whites
1920: 19th A. Females
1964: 24th A. The Poor
1971: 26th A Year Olds

13. Can same-sex couples marry in CA?
Only heterosexual couples allowed to marry in CA
2004 (Feb.) S.F. Mayor Gavin Newsom decided that the CA Constitution provides gay couples the right to marry, so he ordered that gay couples be allowed to marry in S.F.
“A citizen or class of citizens may not be granted privileges or immunities not granted on the same terms to all citizens.”
2004 (Aug) CA Supreme Ct. ruled Mayor Newsom acted beyond his authority, it annulled all the gay marriages that had been perfomed in S.F., and it agreed that it would consider the issue.
4,000 same-sex marriages were annulled or invalidated.

14. Can same-sex couples marry in CA?
2008 (May) CA Supreme Ct. ruled that denying same-sex couples the right to marry does violate the CA Constitution
From June 16-November 5, 2008, roughly 12,000 same sex couples were married in CA; they are still married.
2008 (Nov) CA voters passed Proposition 8 (52.5% to 47.5%) which amended the CA Constitution by adding:
“Only marriage between a man and a woman is valid or recognized in California.”
CA Supreme Ct. ruled that denying same-sex couples the right to marry does not violate the CA Constitution

15. Can same-sex couples marry in CA?
Two same sex couples sued CA in Federal Court, charging that Prop 8 violated the U.S. Constitution:
14th Amendment: “No State shall…deny to any person within its jurisdiction the equal protection of the laws.”
2010 A U.S Federal Court appeals judge ruled that CA Prop 8 does violate the US Constitution’s right to “equal protection” of the law, but he ruled that same-sex couples cannot start getting married until the issue is considered by a higher appeals court
2012 A U.S Federal Appeals Court ruled that CA Prop violates the US Constitution’s right to “equal protection” of the the law.

16. So, same sex marriage is now legal in California!
August, 2013 U.S. Supreme Court Refused to reconsider the ruling of the Federal Appeals Court
So, same sex marriage is now legal in California!

17. Yes No 1896 Plessy v. Ferguson 1954 Brown v. Bd. of Education
B. Societal Values Change Can Black, Indian, Hispanic, Chinese, Japanese, and Filipino students be required to attend racially segregated schools? 14th Amendment: “No State shall…deny to any person within its jurisdiction the equal protection of the laws.”
1896
Plessy v. Ferguson
Yes
1954
Brown v. Bd. of Education No

18. B. Societal Values Change Religion and Prayer in the Public Schools
Amendment 1: “Congress shall make no laws respecting the establishment of religion, or prohibiting the free practice thereof”
Over time, the Supreme Court has ruled schools cannot:
Teach students a general Protestant religion and the King James Bible
Begin the school day wih a generic prayer to God
Begin the school day with a reading from various sacred texts
Begin the graduation ceremony with a prayer
Begin extracurricular events like football games with a team prayer
Begin the school day with a silent prayer
Post a copy of the Ten Commandments in the school library
Begin the school day with students reciting the Pledge of Allegiance?
Teach Creationism or Intelligent Design in Science classes?

19. "I pledge allegiance to my Flag and the Republic for which it stands, one nation, indivisible, with liberty and justice for all.”
"I pledge allegiance to the Flag of the United States of America and to the Republic for which it stands, one nation, indivisible, with liberty and justice for all.”
1954 "I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all."

20. Evolution and Creationism American Beliefs

21. C. Judges Change Can states execute convicted criminals?
Amendment 8 “Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted.”
The US Supreme Court has ruled on Capital Punishment:
1976: Death penalty does not violate 8th Amendment
1986: States cannot execute the insane
1989: States can execute minors under 18
1989: States can execute the mentally retarded
2002: States cannot execute the mentally retarded
2005: States cannot execute minors under 18

22. 2010 No (Citizen’s United Decision)
C. Judges Change Can the government limit the money that corporations and unions contribute to election campaigns?
Yes
Yes
No (Citizen’s United Decision)
Corporations are people, so they have a protected right to free speech or expression, and giving money to political candidates is a form of expression.

23. C. Judges Change Can states deny a woman the right to choose to have an abortion?
1973 No

24. (Norma McCorvey sued Texas) Roe v. Wade 1973
The Court argued that the Constitution's First, Fourth, Ninth, and Fourteenth Amendments protect an individual's "zone of privacy" against state laws and cited past cases ruling that marriage, contraception, and child rearing are activities covered in this "zone of privacy." The Court then argued that the "zone of privacy" was "broad enough to encompass a woman's decision whether or not to terminate her pregnancy." This decision involved myriad physical, psychological, and economic stresses a pregnant woman must face.

25. C. Judges Change Can states deny a woman the right to choose to have an abortion?
1973
Today No ?

26. Constitutional Analysis Can the Government Do That?❶
What does the constitution say? ❷
How have the courts interpreted and applied the constitution in similar cases in the past?

27. Remains a living, relevant, and extremely important document.

28. Assignment on 2-13