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
