BLaw 210 Exam #4 WSU Questions and Answers (Verified Answers)

How does an amendment get proposed? - ️️Can be proposed by a two-thirds vote of both houses of the U.S. Congress or by a request by two thirds of the state legislatures calling for a national convention to be convened. Amendment must be ratified by three-fourths of the state's legislatures or by three-fourths of the convention held in two-third of the states. 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. And the congress may be general Laws prescribe the Manner in which such Acts, Records, and Proceedings shall be proved, and the Effect thereof. Consitution - ️️Documents that outline how the branches of the government are supposed to function, responsibilities and limitations for each branch, relationship between federal and state governments, and relationship between government and private individuals. Imunnity - ️️In exchange for testimony they don't get punished for their crimes. Percent of arrest that go to trial? - ️️3-5% What do you need to get an arrest warrant? - ️️Probable cause What do you need to bring on a capital offense? - ️️Presentment, or a grand jury enditment. Group of peers review evidence first. Legislative Branch - ️️Makes the law (Art. 1) Executive Branch - ️️Enforces the law (Art. 2) Judicial Branch - ️️Interprets the law (Art. 3) Constitutional Convention in 1787 - ️️States put up trade barriers between one another and created their own armies and operating as sovereign governmental entities at this time. Bill of rights created - ️️To address state v. federal powers.Federalism - ️️US Government, allocates the powers of government between a national level of government and its constituent states. Shared powers are called - ️️Concurrent powers Sovereignty - ️️Ability to ruke The US is - ️️a government of the people, by the people, for the people. Reserved State Powers - ️️Establish local governments, conduct elections, and police power which is the authority to make laws concerning the health safety ad welfare of its residents. Concurrent Powers - ️️Tax, borrow money, establish courts, and regulate banks. States may regulate in areas which are already subject to federal regulation as long as the states laws do not conflict with the federal laws already in place. Supermacy Clause - ️️Article VI, Clause 2. This Constitution, and the Laws of the US which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the Authority of the US, 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. 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. 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, w/out 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 e seized. 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 casesarising 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. 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 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 reexamined in any Court of the US, than according to the rules of the common law. Eighth Amendment - ️️Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Protects criminal defendants against cruel and unusual punishment. Ninth Amendment - ️️"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people". The purpose is to make clear that the federal government cannot claim rights not given to it in the body of the Constitution. Rights given to states and citizens were not interpreted to be exclusive, although rights given to federal government were meant to be exclusive. People have rights not in the constitution. Tenth Amendment - ️️"Powers not delegated to the US by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Makes clear that any power that was no specifically given to the deferral legislature in Article I, Section 8 on the Constitution, and which was not prohibited to the states, was a power reserved to the states or the people as appropriate (Reservation Clause). If power was not in section 8, this was a power that only the states could exercise.