CONSTITUTIONALLAWChapterOutl - CONSTITUTIONAL LAW Separation of Powers Federalism Individual Rights POWER GRANTED CONGRESSIONAL POWER Interstate

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.)