Unformatted text preview: CHAPTER 5 CHAPTER CONSTITUTIONAL LAW © Stanley A. Leasure Test #1 Test Test #1 is Feb 15. (Week from Friday.) Partial review sheet is on BB now. This is the least difficult test. This We need class average of 80%+ Horizontal Separation of Powers Separation Legislative Executive Judicial Checks and Balances Vertical Separation of Powers Separation Federal Gov’t Created By States Federal Constitution Powers of Federal Gov’t Reserved to States or the People Reserved Power Not Given to Fed Gov’t Feds Can’t Impair States and Vice Versa Relation Among States Relation Privileges and Immunities Clause “Citizens of each State shall be entitled to all Citizens Privileges and Immunities of Citizens in the several States.” States.” “Full Faith and Credit shall be given in each State to Full the public Acts, Records, and judicial Proceedings of every other State.” every Full Faith and Credit Clause Privileges and Immunities Clause Privileges Citizens Of One State Entitled To Privileges Citizens and Immunities Of Another State and States Must Treat Citizens Of Other States States Same As Their Own Same Transferring property Seeking employment Accessing courts Full Faith and Credit Clause Full Rights Established In One State Honored In Rights Another Another Deeds Wills Contracts Commerce Clause Commerce Congress permitted: “to regulate Commerce with foreign Nations, and to among the States, and with the Indian Tribes.” Article I Section 8 Article Commerce Clause Commerce Foreign Commerce Interstate Commerce State Regulation Of Commerce REGULATION OF FOREIGN COMMERCE COMMERCE Federal Government Has Total Power Federal Government Has Preempted Area States Cannot Regulate Interstate Commerce Interstate Supreme Court Interprets Broadly Persons Engaged In Interstate Commerce Activities Affecting Interstate Commerce Activities Of Enterprise Affecting Or Engaged In Activities Interstate Commerce Interstate Regulation Valid If “Rational Basis” State Power to Regulate Interstate Commerce Commerce “Police Power” power of the states to pass Police regulations to protect/promote public order, health, safety, morals and general welfare health, Fire codes, zoning restrictions, antidiscrimination laws, license requirements, etc. States cannot put undue burden on IC Supremacy Clause Constitution, laws, and treaties of the United Constitution, States are “the Supreme Law of the Land.” Article VI Article Federal Law Supreme To State Law Federal Preemption Federal Federal-State Conflicts Direct Conflict: State law void Indirect Conflict: State law void State law interferes with purposes/objectives of State federal law federal Specifically Federal Law Fully Occupies Area Federal Law Preempts Area: State law void Bill of Rights Generally Bill Protects From Government Action Applies to federal and state governments Supreme Court defines rights Freedom of Speech Freedom Generally Speech Verbal Written Symbolic Flag burning Flag Protection Act Political Speech Political Highly Protected Corporate Political Speech Contributions Bill Inserts Commercial Speech Commercial Limited Protection Misleading advertising Billboard advertising Implements valid government interest Directly advances that interest Goes only so far as necessary Valid Regulation Unprotected Speech Unprotected Defamation Threats Fighting Words Obscenity Violates contemporary community standards Appeals to prurient interest in sex Patently offensive sexual content No redeeming literary, artistic, political merit Online Pornography Online Communication Decency Act 1996 Child Pornography Protection Act 1996 Children’s Online Privacy Protection Act 2000 Children’s Internet Protection Act 2000 Freedom of Religion Freedom First Amendment Establishment Clause School prayer Vouchers for religious schools Teaching evolution/creationism Government aid to religious organizations Ten Commandments Freedom of Religion Freedom Free Exercise Clause Free Vaccinations Text Books Search and Seizure Search Fourth Amendment Search Warrant Judge Probable Cause Belief search will reveal illegality Trustworthy evidence Specific items Danger of removal Exceptions Self Incrimination Self Fifth Amendment Natural Persons Only Not Corporations or Partnerships Business Records Procedural Due Process Procedural 5th and 14th Amendments “No person shall be deprived of life liberty or No property without due process of law.” property Government Decisions Equitably Made Notice of hearing Opportunity to object Impartial decision maker Substantive Due Process Substantive 5th and 14th Amendments Limitation On Fundamental Rights Voting Travel Privacy Government Must Have Compelling Interest Otherwise: Rational Basis Rationally related to legitimate government interest Equal Protection Equal 14th Amendment Supreme Court Applied 14th Amendment To Federal Government Federal Laws Draw Lines And Classify When is that unconstitutional? Suspect Classes Suspect Fundamental Rights Suspect Classes Race National origin Citizenship Voting Travel Appeal Fundamental Rights Strict Scrutiny Strict Law Presumed Unconstitutional Must Be Necessary To Achieve A Compelling Must State Interest State Few Laws Pass This Test Partial Suspect Classes Partial Gender Legitimacy Of Birth Intermediate Scrutiny Intermediate Law Must Be Substantially related To Law Important Government Interest Important Some Laws Pass This Test, Some Don’t No Suspect Class or Fundamental Right Fundamental Rational Basis Test Presumed constitutional Law valid if any conceivable basis law might relate to Law legitimate government interest legitimate Very easy test to pass ...
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- Spring '11
- federal law, Interstate Commerce, Commerce Clause Commerce, Interstate Commerce Interstate