Constitutional Law

Question 1

What’s unique about the US Constitution?

Answer 1

1. First written Constitution (Set precedent for other constitutions in other countries)
2. It’s very short. (Creates a vagueness which leads a lot of issues up to interpretation)
3. Very difficult to amend. Due to difficulty in amending, revisions in understanding of Constitution must be made by courts.
4. It’s very old.
5. Many passages are very vague.

Question 2

Was the vagueness of the Constitution intentional?

Answer 2

Yes, because the framers wanted future generations to fill in the blanks with regard to interpreting the Constitution. They wanted a document that would adapt with times changing.

Question 3

What did John Marshall advocate for?

Answer 3

A Living Constitution

Question 4

Did the Supreme Court always have a huge say in Constitutional Development?

Answer 4

In the early days of the new Constitution, it was largely on the sidelines on the debate over constitutional interpretation. Congress, state legislatures, and the public heavily grappled with those questions.

Starting with Marbury v. Madison, the Court has increasingly flexed its power of judicial review and had a greater say constitutional interpretation.

Question 5

Why was Worcester v. Georgia important?

Answer 5

The Supreme Court was weak. It lacked respect from other branches of government and sometimes, its decisions would not be enforced.

Question 6

Important aspects of the Constitution

Answer 6

Time (As time passes, people’s interpretation of the document change.)

Institutions (Play a role in shaping Constitutional Meaning)

The text of the Constitution (Forms basis for interpretation)

Question 7

Institutions that shape Constitution

Answer 7

All three branches of government, the states, the public

Question 8

Horizontal vs Vertical Separation of Powers

Answer 8

Horizontal: Dividing power between branches of federal government

Vertical: Dividing authority between states and federal government

Question 9

Three categories of legal doctrines related to separation of powers

Answer 9

1. Checking state authority within Constitution
2. Checking federal authority within Constitution
3. Dividing powers between federal branches of government

Question 10

Commerce Clause

Answer 10

Congress has the power to regulate the channels and instrumentalities of interstate commerce. Channels refers to the highways, waterways, and air traffic of the country. Instrumentalities refers to cars, trucks, ships, and airplanes. Congress also has power to regulate activities that have a substantial effect on interstate commerce

Question 11

Dormant Commerce Clause

Answer 11

A legal doctrine that courts in the United States have inferred from the Commerce Clause in Article I of the US Constitution.[1] The primary focus of the doctrine is barring state protectionism. The Dormant Commerce Clause is used to prohibit state legislation that discriminates against, or unduly burdens, interstate or international commerce.

Question 12

Doctrine of Enumerated Powers

Answer 12

The enumerated powers doctrine holds that the federal government has no implicit powers.

Question 13

History of Commerce Clause

Answer 13

1. Until 1870s or 1880s (Few Commerce Clause cases, Supreme Court took strict constructionist view of Commerce Clause)
2. New Deal Era (Court took broader interpretation of Commerce Clause, Defines commerce as any activity that affects the national economy)
3. Mid-90s to Today (Court puts limitations on national government’s power on basis of commerce clause)
4. Today (Court Uses Authority to Impose Restrictions on Federal Power If Need Be)

Question 14

Did the Supreme Court uphold the ACA on Commerce Clause grounds?

Answer 14

The Supreme Court found that the Affordable Care Act could not be upheld based on the Commerce Clause because what the Act was doing – asking people to buy health insurance – did not really affect interstate commerce. The Act could be upheld as an exercise of Congress’s taxing power.

Question 15

Which of the following did the Framers NOT anticipate?

Answer 15

Political parties pose an important challenge for separation of powers because when Congress and the President are controlled by the same party, their powers may not be checked as well as the Framers hoped.

Question 16

Equal Protection Clause

Answer 16

The Equal Protection Clause of the 14th Amendment of the U.S. Constitution prohibits states from denying any person within its jurisdiction the equal protection of the laws. In other words, the laws of a state must treat an individual in the same manner as others in similar conditions and circumstances.

Question 17

Incorporation Doctrine

Answer 17

Though the Bill of Rights originally only applied to the federal government, through this legal doctrine, portions of the Bill of Rights are applied to the states through the Due Process Clause of the Fourteenth Amendment.

Question 18

Constitution and Individual Rights Themes

Answer 18

1. The text of the Constitution alone does not protect individual rights. Government Institutions have to respect those rights.
2. Dramatic changes in enforcement of individual rights guarantees over time.
3. Public opinion affects judicial doctrines. principles and precedents pertaining to individual rights. When it changes, doctrines change.

Question 19

Balancing

Answer 19

Doctrine in which judges weigh individual rights against governmental actions to solve problems affecting society.

Question 20

When did the Supreme Court start incorporating the Bill of Rights on to state and local governments? What was the basis?

Answer 20

1925 to 1960s.

14th amendment’s guarantee of due process of law served as basis for incorporation.

Question 21

How did the Supreme Court incorporate 14th amendment onto national government?

Answer 21

It required Federal Government to abide by equal protection clause.

Question 22

Levels of scrutiny. Types?

Answer 22

Differing levels of scrutiny courts apply when evaluating government actions against individual rights.

Strict Scrutiny (The government must show that the challenged classification serves a compelling state interest and that the classification is necessary to serve that interest)

Intermediate Scrutiny (The government must show that the challenged classification serves an important state interest and that the classification is substantially related to serving that interest.)

Rational Basis (The statute or ordinance must have a legitimate state interest, and there must be a connection between the statute’s/ordinance’s means and goals.)

Question 23

Influence of US Constitution on World

Answer 23

Similarities

1. Almost every country has a written Constitution. A precedent set by the US Constitution.
2. Almost every country has a Supreme Court which exercises some form of judicial review.

Question 24

Uniquenesses of US Constitution from Rest of World

Answer 24

1. Difficulty in Amending
2. Each state has equal representation legislatively. (Ex: US Senate has 2 Senators.) In other countries, they adjust national legislative representation for subunits based on population. (Ex: In Bundesrat, the more populated a state, the more members a state has)
3. Heavy protection of freedoms of speech, religion and gun ownership rights compared to other countries.
4. American federal judges get life tenure unlike in other countries.
5. Supreme Court judges do not look to other countries’ judges and court decisions for guidance in making decisions.
6. The US Constitution does not protect positive rights.

Question 25

Roe v. Maher

Answer 25

Poor women are not constitutionally entitled to government funding to get an abortion.

Question 26

Mens Rea

Answer 26

Crimes defendant can be convicted of without the prosecution proving mens rea. All prosecution must prove is that defendant committed the crime.