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Understanding Constitutional Law: Powers and Protections

Dive into the intricate details of the U.S. Constitution, including the branches of government, interstate commerce regulation, and individual rights. Learn about key clauses, amendments, and legal precedents in this comprehensive overview.

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Understanding Constitutional Law: Powers and Protections

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  1. Constitutional Law

  2. The constitution has: • 7 Articles • Article I, II, & III—establishes the branches & powers of government

  3. Article I, Section 8 • Called—Enumerated Powers Section • At the end you will see—the • Necessary & Proper Clause • Paragraph 3—Regulates Commerce with foreign nations—Only the Federal Gov. has export regulations

  4. Example—Indian tribes—States would like to tax, but they are exempted— • This gives a narrow meaning to the regulation of trade

  5. Pre-emption Doctrine • The Federal government can override State Laws • If the state prohibits something—Indian Example—The Indian can do it on a Federal Reservation—because of the Tribal State Compact—1988 Interstate Commerce Clause—Paragraph 5 Regulates interstate trade

  6. Artivle IV, Section 2-- • Priviliges & Immunities—The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States—Person charged with a crime in one state is returned to that jurisdiction

  7. Interstate Commerce Clause • In the 1940’s the Dept. of Ag. Fined a farmer for overproduction—because the crops weren’t being sold— • Federal Government can’t regulate this! • An undue burden test is established— Test—Any activity that has a substandial effect on commerce is Interstate Commerce—A court could allow each farmer the use of 1/3 or his crop; but would demand he limit production. Any activity can be regulated by the Federal Gov. Under this clause.

  8. Federal Government is our source: • Police Power • Health • Safety • Welfare • Each of the above doesn’t stop the state from being involved

  9. Undue Burden Test • State can regulate as long as it is not an undue burden— • Example: An Iowa State Law limits the length of hauling trailers to 55 ft. A company sued—Consolidated Freight The state lost the case, because they couldn’t prove safety was an issue.

  10. Articles of the Constitution • Article I, Section 10—established an ex post facto law—a crime committed before a law was passed is not illegal. Article II—Executive Branch Article III—Judicial Branch Article IV—Full Faith & Credit Clause Article V—Amendments Article VI—Supremacy Clause

  11. Amendments • 1st Ten—Bill of Rights—ratified 1791 • 27 proposed—one not ratified • 18th Amendment—Prohibition—repealed by 21st

  12. Bill of Rights • 1. Establishment Clause—no rights are • Absolute • Commercial Speech—is protected, but restricted Political Speech is protected more than individual speech • 4. Criminal Procedure Law—Searches & Seizures

  13. Bill of Rights—cont. • 5. Due Process Clause—2 kinds due process & equal protection • Procedural Due Process—a notice &/or some kind of hearing takes place Example: property, ss benefits hearing to cut benefits Example: prosecute—notice of prosecution—Michael Milkin Case—Insider trading on the stock market

  14. Substantive Due Process—The law cannot be vague/or/arbitrary—a reasonable person must be able to understand • Example: Eminent Domain Clause—They can force the sale of property for public use—Law states, that you must be justly compensated—What is just? Can a court determine?

  15. Bill of Rights-- • 9. Other rights—What are they? • The court will determine them • Inherent rights—some are enumerated • Society changes • Right to privacy is not mentioned—Courts have • Recognized as protected • Judicial activists are protected

  16. Bill of Rights— • 10. Reservation of Powers to the State • Provides for police power • 14. State goes with the 5th to provide Due Process—limits state governments • Provides for Speech, liberty—Selective incorporation of liberties—give interpretation of the Due Process Clause • Equal Protection Clause—is incorporated by the 5th Amendment Due Process Clause

  17. 5th & 14th Amendments • Due Process & Equal Protection can’t be denied • Regulation is based on Race, national origin—fundamental rights • Gives—Strict Scrutiny—State has to have a compelling interest in the cases that it pleads

  18. Reverse Discrimination-- • Fundamental rights are enumerated— • State’s must have a compelling interest to take them away—Ex: If a crime is committed. • Ex—Roe v. Wade—The state had no compelling interest in the case—it ended up as a Supreme Court Case (1973)

  19. Quasi Strict Scrutiny • Intermediate test required—There has to be a substantial relationship, a government objective interest in the case

  20. Rational Relationship Test-- • Law regulates social activity—society must show a rational relationship to a gov. purpose. • Ex: Law license—(any state license)—government protests it with qualifications • State statutes are usually upheld by the Federal government

  21. Supreme Court— • Has to have an interest in the cases it hears • A writ is required • Cases that are heard by the Supreme Court are of interest • To Federal Government • Issues dealing with the Constitution • Federal Law supercedes State Law

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