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CONSTITUTIONALLAWChapterOutl

CONSTITUTIONALLAWChapterOutl - CONSTITUTIONAL LAW...

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CONSTITUTIONAL LAW Separation of Powers Federalism Individual Rights POWER GRANTED CONGRESSIONAL POWER Interstate Commerce Substantial Effect Rule Case: Camps Newfound/Owatonna v. Town of Harrison, Maine EXECUTIVE POWER Appointment Legislation Foreign Policy JUDICIAL POWER Adjudicating Cases Judicial Review Case: Youngstown Sheet & Tube v. Sawyer PROTECTED RIGHTS INCORPORATION FIRST AMENDMENT: FREE SPEECH Political Speech Time, Place and Manaer Morality and Obscenity Case: Barnes v. Glen Theater (You be the Judge) Case: 44 Liquormart, Inc. v. Rhode Island
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FIFTH AMENDMENT: DUE PROCESS & THE TAKINGS CLAUSE Procedural Due Process o Purpose : Ensure that before the gov’t takes liberty or ptty, the affected person has a fair chance to oppose the action. o Two Steps to analysis Is Gov’t taking liberty or property? How much process is due? (If liberty or ptty not at issue, NO TAKING) The type of hearing (formal trial, informal hearing, chance to reply in writing, etc.)
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