the rights of the people and the states amendments 9-10
TRANSCRIPT
The Rights of the People and the States
Amendments 9-10
The 9th Amendment says…
“The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.”
9th Amendment
1.The Founding Fathers knew that they couldn’t list all rights2.This amendment is intended to protect rights not listed in the Constitution, ideas such as…
1. Innocent until proven guilty
2. The right to a fair trial3. The right to vote4. The right to travel5. The right to privacy
Do we really haveprivacy anymore?
Assignment: Video QuestionsOn a separate paper, answer the following questions about the following video clip:1. Do you think that drones are a violation of your privacy?2. If you aren’t breaking the law, should you still be concerned about privacy violations?3. According to Judge Napolitano, what is the purpose of the 3rd, 4th, 5th, and 9th amendments?
The 10th Amendment says…
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
10th Amendment1.Originally, the Bill of Rights only applied to federal laws2.The 10th amendment says that anything that is not specifically the federal govt’s job, is left up to the states
1. Federalism- the balance of power between federal and state gov’ts
3.14th Amendment made the Bill of Rights applicable to both federal and state laws
Arizona v. United StatesTraditionally, immigration has been the Federal government's responsibility. However, in 2010, Arizona Governor Jan Brewer did not feel that the Federal Government was doing enough to address illegal immigration in Arizona. The Governor and Arizona's state congress created SB 1070, legislation which took Federal immigration laws and made them enforceable by the State of Arizona. SB 1070 made it a state misdemeanor crime for an immigrant to be in Arizona without carrying registration documents required by Federal law, authorized state and local law enforcement of federal immigration laws, and cracked down on those sheltering, hiring and transporting illegal immigrants.
Is this Constitutional? This is a 10th Amendment issue!
Arguments for United States:1. The "Support Our Law Enforcement and
Safe Neighborhoods Act (S.B. 1070) promotes racial profiling, leading to police officers pulling over more people who appear to be of Latin American descent.2. The law interferes with out Civil Rights, and gives the state of Arizona too much power.3. Illegal immigrants are simply looking for a better life, and are an important part of the Arizona economy and workforce.4. A state does not have the authority to address immigration, which is Constitutionally a Federal responsibility. THe federal government claims that the law is unconstitutional, on the theory that Arizona was trying to move in on the federal government's superior power to enforce federal immigration laws.
Arguments for Arizona:1. Nearly half (47%) of illegal aliens enter the U.S.
along the Arizona/Mexico border.2. in 2009, the total education, medical, and
incarceration costs in Arizona due to illegal immigration are $2.6 Billion a year.
3. The Arizona Department of Corrections estimates that 17% of it's prison population is illegal aliens, and 22% of felony defendants in Maricopa County are illegal aliens. The criminal records of over 55,000 illegal aliens nationwide revealed:
- An average of 8 arrests and 13 offenses each per individual.
- 45% were arrested for drug or immigration offenses; 15% for property-related offenses such as burglary, larceny-theft, motor vehicle theft, or property damage; 12% were for murder, robbery, assault, and sex-related crimes.
4. The escalating drug war in Mexico is spilling over the border. Federal agents seized over 1.2 million lbs of marijuana at the Arizona/Mexico border alone.
5. Between 2007 and 2009 there were 2,500 murders in Mexico near the Arizona border.
6. The lack of Federal action in regards to illegal immigration in Arizona leaves Arizona no choice but to act to protect its citizens.
*On the back of your paper, answer the following questions:1. Which side do you agree with more? Why? Give examples. (2-3 sentences)2. In your opinion, who should be in control of immigration, the Federal gov't or the states?
Result of the Case
In June 2012, the U.S. Supreme Court ruled on the case Arizona v. United States, upholding the provision requiring immigration status checks during law enforcement stops, but striking down three other provisions as violations of the Supremacy Clause (Art. 6, Section 1.2 establishes the U.S. Constitution, federal statutes, and U.S. Treaties as "the supreme law of the land.") of the United States Constitution.
Assignment: Arizona v United States
On the back of your paper, answer the following questions:1. Which side do you agree with more? Why? Give examples. (2-3 sentences)2. In your opinion, who should be in control of immigration, the Federal gov't or the states?