issued under the Clean Water Act violated Mr. Lake’s due process rights under the Fifth Amendment. 2. Whether the Environmental Protection Agency violated the Eminent Domain clause of the Fifth Amendment of the United States Constitution. 3. Whether the Defense of Marriage Act is federal action encroaching on an area traditionally occupied by the states and thus unconstitutional under the 10th and 14th Amendments. 3 TEAM IDENTIFICATION: CA Table of Authorities Cases 545 U.S. 515 Am. Civil
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The 14th Amendment 157 years ago‚ when slavery was an on-going issue‚ an African-American slave came upon the notion that he should be considered a freed man. His reason for feeling such way was simple. He had been living in Illinois for an extended period of time. Illinois at the time was a free state‚ meaning that it had prohibited slavery. With the help of a group of people who opposed slavery‚ he set out to try and become a freed man. This man’s case was presented to the Supreme Court March
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commonly asked. Statistics show that a majority of domestic violence‚ automobile accidents‚ and rape‚ all involve (many times) alcohol. Whether one thinks consumption is "right" or not has been asked by people for people from time to time. This would be the case of the 18th Amendment of 1919. The Act passed by those concerned with the above-mentioned problems‚ prohibited the vending‚ transportation of‚ and consumption of alcohol. The law was intended to be enforced nation-wide. Police raided and
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of the 9th Amendment The 9th Amendment reads "The enumeration in the Constitution‚ of certain rights‚ shall not be construed to deny or disparage others retained by the people." In other words‚ people retain more rights than the ones listed in the Constitution. The 9th amendment is one the least referred to Amendments in decisions of the Supreme Court. People also say it is one of the most confusing‚ controversial and misunderstood Amendments to the Constitution. The 9th Amendment has an interesting
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Preston Nguyen English 350 M-W 8:45-9:45 November 3‚ 2010 24th Amendment The amendment was one of the last legal vestiges of segregation that tried to keep the black population and the poor people from participating in the vote. As today‚ the 24th Amendment to the Constitution guarantees that no person can be denied the right to vote due to an inability to pay a tax prior to voting. The "poll tax" is now considered unconstitutional. The poll tax was levied on an individual used as a prerequisite
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14th Amendment: After the 13th amendment was ratified‚ all the slaves were set free from their masters. But as time passed‚ the white people still treated them like a minority and in many ways it was as if they were still slaves. Yes‚ they were free to go wherever they wanted without being punished‚ but they were still not able to do many of the things that white people did. It was as if they had never really been freed. The Emancipated slaves suffered through terrible injustices and faced major
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The 18th Amendment ‚ considered to be one of the biggest follies of the nation‚ was brought about with the intent to sincerely help the U.S.‚ but more harm came from it than good. Prohibition‚ also known as the 18th Amendment ‚ was ratified on January 29th‚ 1920 and was repealed on December 5th‚ 1933 with the ratification of the 21st Amendment which nullified prohibition.The 18th Amendment stated that it was illegal to manufacture‚ transport‚ and sell alcoholic beverages in the
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term is ultimately vague and the definitions applied to terms like cruel and unusual change over time. Customs also change over time as societies viewpoints and ideologies adapt to into the future. An example of changes in the definition about the 8th amendment is seen in the landmark case of Weems vs United States (1910)‚ where Weems was imprisoned for falsifying a public and official document and as a result was sentenced to 15 years. On top of his
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8TH Amendment: Atkins v. Virginia The Eighth Amendment: It prohibits excessive bail and cruel and unusual punishment. In the case of Atkins v. Virginia‚ the facts brought to the court was that the defendant‚ Daryl Atkins was tried for capital murder and sentenced to death for the shooting of a victim named Eric Nesbitt. Atkins had been smoking and drinking all day before he decided to walk to a convenient store and hold Nesbitt at gun point‚ upon Daryl’s dissatisfaction with the money he took‚
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Prohibition The 18th Amendment‚ ratified on January 16th 1919‚ which prohibited the manufacture‚ sale‚ export‚ import and transportation of alcoholic beverages‚ happened because of the Temperance Movement. It was believed at the time that alcohol was the main problem in society and that it needed to be removed. This moral issue divided people up between those who were “dry” and those who were “wet”. Either way‚ it was eventually repealed because of the problems that came from it. While that was at
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