Accounting 352 Test 1 - Accounting 352 Test 1 U.S....

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Accounting 352 Test 1 U.S. Constitutional Law It is the oldest and shortest written constitution of any government in the world today. Constitutional Convention -May 1787, Philadelphia -7 States to discuss articles of confederation -Delaware first state to ratify the Constitution Constitutional Law 1) Relative powers and relationship of individuals and their government. Defines and limits the powers of state and federal government. Describes(not defines) fundamental rights of individuals 2) Refers to constitution itself. Some reference to prior judicial decisions. Never look at statutes unless to determine if it is “constitutional.” 3) Raises fundamental political issues and value choices. If all law is in a sense political the Constitutional Law is more explicitly political than other areas of law. 4) Court interprets the constitution and apply to the case at hand. Therefore explains why judges are there and why they are final arbiters of constitutional law. They also follow what the punishment should be by the constitution. Judicial Review -Judicial review is the power of a court to review the actions of public sector bodies in terms of their constitutionality. In some jurisdictions it is also possible to review the constitutionality of the law itself. Court Cases Marbury v. Madison(1803) -Marbury was supposed to get his commission to be a judge. No one gave it to him and said they needed the writ of mandamus(court orders to force someone to carry out their official duty. -Established Judicial Review Gibbons v. Ogden(1824) -When a valid federal and state law are in conflict. Federal law is supreme. -Ogden had the monopoly -Gibbons won the case. Dredd Scott v. Sandford(1857) -The constitution does not consider blacks to be US citizens. Those blacks who are slaves are constitutionally protected property of their masters. Lost b/c he was property.
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Brown v. Board of Education(1954) -The doctrine of separate but equal has no place and public schools must be integrated. Mapp v. Ohio(1961) -In a criminal trial, evidence that is illegally obtained by the state may not be used against a defendant in court. (the “fruit of the poisoned tree”) -They went into Mapp’s house without a warrant, it was wrong, and found lewd material that was not hers. Gideon v. Wainwright(1963) -A defendant in criminal cases has an absolute right to counsel. If the defendant cannot afford an attorney the state must provide one without charge. -Requested an attorney but was not given one. Griswold v. Connecticut(1965) -Constitution implies a right to privacy in the matter of contraception between married people. Miranda v. Arizona(1966) -Poor Mexican did not speak English, and wasn’t given his rights. He was forced to sign a statement that he was guilty, but didn’t know what he was signing. -Right to Remain Silent, based on 5
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This note was uploaded on 10/20/2010 for the course ACCT acct352 taught by Professor Depue during the Spring '10 term at University of Delaware.

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Accounting 352 Test 1 - Accounting 352 Test 1 U.S....

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