BLAW EXAM 2 A constitution a system of fundamental principles according to which a nation or state is governed o 1st continental congress draft a constitution included GW etc o AoCF ultimately weak replaced shortly after ratified Did not create a strong central government o US Constitution articles 1 7 amendments 1 20 Amendment a change in a draft after 1789 Articles original document 1787 1 establishes congress legislative 2 presidency executive 3 supreme lesser courts judicial 4 full faith credit clause etc 5 process for amendments 6 supremacy clause 7 ratification of amendments 2 3 house senate states o Collection of sovereign states Federal form of gov t o States regulate within their borders federal prevails o Biggest responsibility of states police power Refers to the ability to regulate behaviors and enforce within your own territory o Privileges immunities clause A4S2 citizens of each state shall be entitled to all privileges and immunities of citizens in the several states all Americans treated equally in all states o Full Faith Credit Clause A4S1 full faith and credit shall be given in each state to the public acts records judicial proceedings of every other state Enforcing judgment Marijuana is legal in Colorado go smoke in CO Fail drug test in TN a week later FF C does not apply bc it is illegal in TN Legislative writes executive enforces judicial interprets forms checks balances Commerce clause A1S8 congress shall have power to regulate commerce with foreign nations and among the several states interstate commerce w foreign nations intrastate commerce Commerce that seems like it is bound entirely within 1 state if it has an impact on another state o Broad o Support federal regulations of activities that seem local o Wheat farm kept it for his family regulations on size of farm allowed for personal use Govt got involved bc he had a farm bigger than what was allowed because it was bigger than what was allowed Govt seized destroyed He sued supreme court declared this legal based on commerce clause bc he grew his own wheat and caused him to buy less chicken feed causing the price of CF to lower o 1995 SC found congress exceeded authority under CC 1990 congress enacted gun free school zones act 1995 AL is a HS senior brings a gun to school unloaded Claims he was selling it 2 Arrested for breaking GFSZA Argued in response saying GFSZAexceeded congresses power bc it is commerce Dormant Commerce Clause states can t regulate IS commerce Supremacy Clause A6P2 this constitution and the laws of the US which shall be made in pursuance there of shall be the supreme law of the land and the judges of every state shall be bound thereby o Federal pre emption federal law wins over state law A1s8 congress shall have power to lay and collect taxes duties imports excises to pay the debts and provide for the common defense and general welfare of the public 16th amendments congress shall have to power to lay and collect tax on income o theory against income tax 16th amendment was not ratified properly 10 amendments bill of rights o 1 freedom of speech press religion right of people to peaceably assemble FOS gov t can put reasonable restrictions on speech as long as it is content neutral and serves a compelling state interest Content Neutral not about the substance restriction is about the method of delivery Compelling state interest really big deal national security public health and safety unapproved access to drugs etc Restrictions can be placed on practice of religion MUST BE A COMPELING GOVERNMENTAL INTEREST o 2 keep bear arms 3 o 3 no soldiers shall be housed without permission o 4 protects against unreasonable searches and seizures must have a search warrant for police to get this they must have probable cause in front of a judge and that your home will have evidence of the crime if they are looking for one thing but see something else in plain sight it doesn t matter that it isn t in the warrant don t need a warrant to search your car or most businesses do need a warrant for specific documents from a business o 5 right to enditment by grand jury due process of law fair payment when private property is taken for public use protects against self incrimination Miranda rights Does not apply to corporations Only applies in criminal cases Due process of law substantive procedural P fairness in the rules and how they are applied S 14th amendment if a law or other govt action limits a fundamental right it cannot due so unless it promotes a compelling state interest Equal protection clause govt must treat all people equally o 6 right to a speedy trial with a lawyer in a criminal case o 7 right to trial by jury in civil case o 8 prohibits excessive bail and cruel unusual punishment o 9 other rights that are just as important 4 o 10 grants states all powers over issues not reserved for federal govt SEE POSTED CLASS NOTES Agreement offer acceptance LUCY VS ZEHIMER o Zehimer owns a farm lucy always wanted to buy it o Z drank signed We hereby agree to sell to WO Lucy the ferguson farm complete for 50 000 title satisfactory to buyer Was so drunk he didn t know what he was doing so It SHOULD REJECTED Z HAD TO SELL BE CAUSE HE WROTE IT OU AND SIGNED Rumication is accepted when the offeree gets it If you hold the offer out for me for x amt of days I will pay you x amount of dollars option contract The offer is off if you break the item being traded law is passed making it illegal etc TEST QUESTION ABOUT TIMING RUMIFICATIONS Statute of frauds o MY LEGS THESE MUST ALL BE IN WRITING if oral they are invalid M MARRIAGE to charge any person upon any agreement made upon consideration of marriage Y YEAR upon any agreement or contract which is not to be performed within the space of one year from the making of the agreement or contract L LAND upon any contract for the sale of lands tenements or hereditaments of the making of any lease thereof for a longer term than 1 year 5 E EXECUTORS to charge any executor or administrator upon any special promise to answer any debt or damages out of such persons own estates G GUARANTY to charge the defendant upon any special promise to answer for the debt default or miscarriage of another person S SALES OF GOODS FOR 500 OR MORE o Third party rights privoty of contract someone else has a right under a contract assignment of rights o ex You rent your car to someone for 6 months and they will pay you 1000 month In the contract you say you want the money paid to your