Constitutional Law

Constitutional Law

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

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

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

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

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

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.

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

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.

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

Amendments • 1st Ten—Bill of Rights—ratified 1791 • 27 proposed—one not ratified • 18th Amendment—Prohibition—repealed by 21st

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

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

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?

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

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

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

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)

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

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

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

Constitutional Law