Commerce Clause
In Gonzales v. Raich (previously Ashcroft v. Raich), 545 U.S. 1 (2005), the United States Supreme Court ruled that under this Clause of the US Constitution, Congress may criminalize the production and use of homegrown cannabis even if state law allows its use for medicinal purposes.
Commerce Clause
This case was a landmark decision in which the Supreme Court of the United States held that the power to regulate interstate commerce, granted to Congress by the Commerce Clause of the United States Constitution, encompassed the power to regulate navigation. It involved two steamboat captains off the coast of New York.
Gibbons v. Ogden, 22 U.S. (9 Wheat.) 1 (1824)
Article 1 of Standing Rock's Constitution says that "The jurisdiction of the Standing Rock Sioux Tribe shall extend to all territory within the boundaries of the Standing Rock Reservation, as defined by the Act of March 2, 1889 (25 Stat. L. 888), notwithstanding the issuance of any patent, including all rights-of-way, waterways, watercourses and streams running through any part of the Reservation, and to such other lands as may be hereafter added to the Reservation under any law of the United States. The Reservation shall serve as a permanent homeland for the ___________ Tribe."
Standing Rock Sioux Tribe
This part of the Constitution includes the words:
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
The Preamble
The Commerce Clause refers to Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives Congress the power “to regulate commerce with foreign nations, and among the several states, and with the __________."
Indian tribes
In 1984, the United States Congress passed the National Minimum Drinking Age Act, which imposed a withheld a percentage – 5% in the first year the law was in effect, 10% thereafter – of federal highway funding from states that did not maintain a minimum legal drinking age of 21. This state did not comply, and became the named plaintiff in a lawsuit of the Secretary of Transportation.
Based on this case, the Court established a five-point rule for considering the constitutionality of expenditure cuts of this type.
The spending must promote "the general welfare."
The condition must be unambiguous.
The condition should relate "to the federal interest in particular national projects or programs."
The condition imposed on the states must not, in itself, be unconstitutional.
The condition must not be coercive.
South Dakota v. Dole, 483 U.S. 203 (1987)
Article III of the Standing Rock Constitution lists all eight of these districts.
1. Fort Yates 2. Porcupine 3. Kenel 4. Wakpala 5. Running Antelope 6. Bear Soldier 7. Rock Creek 8. Cannonball
Article 1 of the US Constitution covers this branch of government.
In Wickard v. Filburn, 317 U.S. 111 (1942), Justice Jackson, for a unanimous Court, ruled that even Roscoe Filburn growing this for home consumption and to feed his animals, "exert[ed] a substantial economic effect on interstate commerce."
Wheat
This was a landmark U.S. Supreme Court decision in which the Court ruled that the Sixth Amendment of the U.S. Constitution requires U.S. states to provide attorneys to criminal defendants who are unable to afford their own. It involved a Floridian man accused of burglary at a pool hall.
Gideon v. Wainwright, 372 U.S. 335 (1963)
Article III of the Standing Rock Constitution says that "Each member of the Tribal Council shall be elected, by secret ballot, for a term of ___ years."
Four
This Amendment includes the federal government Due Process Clause, which says to the federal government that no one shall be "deprived of life, liberty or property without due process of law."
The Fifth Amendment
In Heart of Atlanta Motel, Inc. v. United States, 379 U.S. 241 (1964), the Supreme Court ruled that this type of place that served interstate travelers substantially affected interstate commerce, thus it was valid Commerce Clause exercise to protect civil rights/protect against discrimination under Civil Rights Act of 1964.
Hotel (public accomodation)
This was a landmark decision of the U.S. Supreme Court in which the Court ruled that the exclusionary rule, which prevents prosecutors from using evidence in court that was obtained by violating the Fourth Amendment to the U.S. Constitution, applies not only to the federal government but also to the states. It involved a woman who was accused of sheltering an illegal gambling operation runner.
Mapp v. Ohio, 367 U.S. 643 (1961)
According to ARTICLE VI - REVIEW OF RESOLUTIONS AND ORDINANCES of the Standing Rock Constitution, who in the US government has the power to review resolutions and ordinances?
Secretary of Interior
This part of the US Constitution includes the Equal Protection Clause which says "nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws."
The Fourteenth Amendment
What provision in the US Constitution is the Commerce clause?
Article I, Section 8
This was a landmark United States Supreme Court case which ruled that, as pertaining to the Major Crimes Act, much of the eastern portion of the state of Oklahoma remains as Native American lands of the prior Indian reservations of the Five Civilized Tribes, never disestablished by Congress as part of the [State] Enabling Act of 1906. It involved a man accused of a heinous crime and a southern state.
McGirt v. Oklahoma, 591 U.S. ___ (2020)
This Act, also called Wheeler–Howard Act, (June 18, 1934), enacted by the U.S. Congress, aimed at decreasing federal control of American Indian affairs and increasing Indian self-government and responsibility. Each reservation that adopted this Act was required to form a new tribal constitution or charter, and many of today's tribal constitutions, including Standing Rock, are modeled like this.
Indian Reorganization Act (1934)
What are the Anti-Slavery/Reconstruction Amendments to the US Constitution?
13, 14, 15 Amendments