Constitutional Law Flashcards
Separation of Powers
National government divided into three branches
Each branch would act as a check on the power of the other two
Article 1: created a Congress, which was to have legislative, or lawmaking, power
Article 2: created the office of the president, defining the scope of executive, or enforcement power
Article 3: established judicial, or interpretive, power by creating the Supreme Court and permitting additional federal courts
Individual Rights
The first 10 amendments, also known as the Bill of Rights, were added, guaranteeing many liberties directly to individual citizens
Congressional Power
Article 1, Section 8, lists the 18 types of statutes that Congress is allowed to pass, such as imposing taxes, declaring war, and coining money
The 10th amendment says that all powers not delegated to the U.S. by the Constitution are reserved to the states
Commerce Clause
The part of Article 1, Section 8, that gives Congress the power to regulate commerce with foreign nations and among states
The Constitution grants Congress the power to “regulate commerce with foreign nations, and among the several states, and with Indian Tribes.”
Prevents states from establishing laws and regulations that interfere with interstate trade and commerce
The “Dormant” or implied commerce clause prevents states from passing any laws that place an undue burden on interstate commerce or that give an unfair advantage to local state industries
The Commerce Clause Extends To
The “channels of interstate commerce,” which includes all roads, rivers, and other means of travel that allow trade to flow across the state and international borders
The “instrumentalities of interstate commerce,” which includes all persons or things that are part of interstate commerce
Anything that “substantially affects interstate commerce.”
Limitations of the Commerce Clause
It generally does not extend to non-commercial activities
While Congress can ban certain types of commerce, such as with drug laws, it cannot force people to engage in commerce by, for instance, requiring them to purchase a particular good or service
Legislative Branch
The lawmaking branch of government led by Congress
Neither Congress nor any state may pass a law in conflict with the Constitution
Executive Branch
Led by the President of the United States, this branch executes and enforces the law
Judicial Branch
Consists of the court systems that interpret the laws and resolve disputes that arise with respect to the Constitution and other laws and statutes
Supremacy Clause
Based on the doctrine of preemption, which states that federal laws, regulations, and executive pronouncements preempt those of the states when there is a conflict
If there is a conflict between federal and state statutes, the federal law preempts the field, meaning it controls the issue and state law is void
Even in cases where there is no conflict, if Congress demonstrates that it intends to exercise exclusive control over an issue, federal law preempts
Procedural Due Process
Guarantees that someone’s right to life, liberty, or property will not be taken away without fair procedures; before being deprived of fundamental rights, a person should receive notice of the action or charges brought against them, an opportunity to be heard in the matter, and the right to have a decision in that matter rendered by a neutral decision-maker
Substantive Due Process
Protects against the government actions that restrict or infringe on the fundamental rights of the people; all legislation must be fair, reasonable, and enacted for a legitimate government purpose
All the rights listed in the first 8 amendments to the Constitution are considered fundamental
Equal Protection
The law must treat people equally; laws or government actions cannot unfairly discriminate against persons based on certain classifications, such as race or ethnicity
It is sometimes necessary that laws apply to certain people, such as tax laws that require citizens with higher income to pay higher taxes than low-income individuals - when this does happen, courts apply different levels of scrutiny to determine whether the equal protection clause has been violated and those include:
- Strict Scrutiny
- Intermediate Scrutiny
- Minimal Scrutiny
Strict Scrutiny
Applies when a law discriminates based on race or ethnicity or when the law infringes on a fundamental right
These laws are almost never upheld unless there is a compelling government interest
Intermediate Scrutiny
Applies when a law discriminates based on gender or legitimacy
Government actions will survive this level of scrutiny only when they are substantially related to an important government interest
Minimal Scrutiny
Applies to any classifications or distinctions based on economic and social relations
The rational basis test is used to uphold government actions that are “rationally related to a permissible governmental interest”
Most laws are always upheld by this standard
Commercial Speech
Promotes some type of commerce and includes advertising, marketing, and other forms of business communications
Receives less rigorous protection under the First Amendment
Regulation of Commercial Speech
There is a substantial government interest at stake, such as protecting consumers from deceptive or inappropriate advertising
The restriction of commercial speech directly advances that interest
The restriction places no greater burden on speech than necessary to serve that interest
The Fourth Amendment: Searches and Seizures
Protects individuals against unreasonable searches and seizures
The Fourth Amendment: Businesses
Generally do not need to allow police to conduct a search or to turn over records without a warrant
Exceptions to the Fourth Amendment for Businesses
A warrant is not required in cases of public safety, such as seizures of spoiled or contaminated food
Warrants are not required to search businesses in highly regulated industries
The Fifth Amendment
Guarantees the rights to indictment by a grand jury, due process of law, and fair payment when private property has been taken for public use
Protects against self-incrimination and double jeopardy
Also involves the Takings Clause
Takings Clause
Describes the government’s right to take property for public use, a concept called eminent domain
Requires fair compensation for any property taken for a public purpose
The Sixth Amendment
Guarantees the right of the accused to legal counsel and to a speedy and public trial by an impartial jury
