en.wikipedia.org/wiki/Constitutional_law_of_the_United_States
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Under the clause, once a bill has been passed in identical form by both houses of Congress, with a two thirds majority in both houses, it becomes federal law.
A bill does not need a two‑thirds vote in each chamber to become law; a simple majority passes a bill, and two‑thirds is only required to override a presidential veto.
Full reasoning
2 sources
- The Legislative Process | house.gov
“If the bill passes by simple majority (218 of 435), the bill moves to the Senate… Again, a simple majority (51 of 100) passes the bill.”
- The Constitution of the United States: A Transcription | National Archives
Article I, Section 7: after a presidential return (veto), “If after such Reconsideration two thirds of that House shall agree to pass the Bill… and if approved by two thirds of that House, it shall become a Law.”
In 1995, the Court held that the Crime Control Act of 1990, which the Gun-Free School Zones Act was a part of, was unconstitutional because it was an "impermissible extension of congressional power under the Commerce Clause."
United States v. Lopez (1995) struck down the Gun‑Free School Zones Act provision—not the entire Crime Control Act of 1990.
Full reasoning
2 sources
- UNITED STATES v. LOPEZ, Jr., 514 U.S. 549 (1995) | Legal Information Institute
Syllabus: Lopez was charged under “the Gun-Free School Zones Act of 1990”… Held: “The Act exceeds Congress' Commerce Clause authority.”
- GUN-FREE SCHOOL ZONES ACT OF 1990 | U.S. Department of Justice, Office of Justice Programs
“Title XVII, Section 1702, of the Crime Control Act of 1990 (Public Law 101-647), the Gun-Free School Zones Act of 1990…”
Members of the Senate and of the House of Representatives have immunity for all statements made on the floor of Congress except in cases of "Treason, Felony, or Breach of the Peace "(Art. I Sec. 6).
Article I, Section 6’s “treason, felony and breach of the peace” exception applies to the privilege from arrest, not to the Speech or Debate protection for statements.
Full reasoning
2 sources
- The Constitution of the United States: A Transcription | National Archives
Article I, Section 6: “They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest…; and for any Speech or Debate in either House, they shall not be questioned in any other Place.”
- U.S. Constitution, Article I, Section 6 | Legal Information Institute (Cornell Law)
Text of Article I, § 6 distinguishes being “privileged from arrest” (with the treason/felony/breach exception) from the separate rule that “for any speech or debate… they shall not be questioned in any other place.”
to control the issuance of copyrights and patents (although copyrights and patents may also be enforced in state courts);
Federal patent and copyright infringement claims generally cannot be brought in state court; U.S. law gives federal district courts exclusive jurisdiction over such claims.
Full reasoning
1 source
- 28 U.S.C. § 1338(a) | Legal Information Institute (Cornell Law)
“The district courts shall have original jurisdiction of any civil action arising under any Act of Congress relating to patents… [and] copyrights… No State court shall have jurisdiction over any claim for relief arising under any Act of Congress relating to… patents… or copyrights.”
Sitting presidents enjoyed immunity from civil suit for damages arising from actions taken while in office, but this rule was significantly curtailed by the Supreme Court's decision in Clinton v. Jones, which held that sitting Presidents could be sued for actions before taking office or unrelated to the discharge of executive powers.
Clinton v. Jones (1997) did not curtail immunity for a president’s official acts; it held there is no immunity (or required deferral) for suits based on unofficial conduct, while Nixon v. Fitzgerald recognizes absolute immunity from damages for official acts.
Full reasoning
2 sources
- Clinton v. Jones, 520 U.S. 681 (1997) (syllabus) | Legal Information Institute (Cornell Law)
Syllabus: Clinton argued for “temporary immunity from civil damages litigation arising out of events that occurred before he took office”; Court says this “cannot be sustained”… and notes the rationale for immunity “based on their official acts… provides no support for an immunity for unofficial conduct.”
- Nixon v. Fitzgerald, 457 U.S. 731 (1982) (syllabus) | Legal Information Institute (Cornell Law)
Syllabus: “Petitioner… is entitled to absolute immunity from damages liability predicated on his official acts.”
The Fourth Amendment prohibits the unreasonable search and seizure of one's effects and requires a warrant for both searches and arrests based upon probable cause.
The Fourth Amendment does not require a warrant for all searches or all arrests; the Supreme Court has upheld warrantless arrests based on probable cause and recognizes multiple exceptions to the warrant requirement.
Full reasoning
2 sources
- United States v. Watson, 423 U.S. 411 (1976) (syllabus) | Legal Information Institute (Cornell Law)
Held: “The arrest of respondent, having been based on probable cause… did not violate the Fourth Amendment.”
- Fourth Amendment | Wex | Legal Information Institute (Cornell Law)
“In general, most warrantless searches of private premises are prohibited… unless a specific exception applies… An arrest warrant is preferred but not required to make a lawful arrest under the Fourth Amendment.”
The remaining state churches were disestablished in 1820
State-established churches in the U.S. were not fully disestablished by 1820; Massachusetts continued state support for Congregationalism until 1833.
Full reasoning
2 sources
- Established Churches in Early America | The First Amendment Encyclopedia (Free Speech Center at MTSU)
“New Hampshire kept its establishment until 1817; Connecticut kept its establishment until 1818; and Massachusetts did not abandon its state support for Congregationalism until 1833.”
- New England's Hidden Histories - Congregational Library & Archives
“[Local and state] governments typically supported Congregational churches… until as late as 1818 in Connecticut, 1819 in New Hampshire, and 1833 in Massachusetts…”