Constitutional Law

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

Article I, Section 8 Called—Enumerated Powers Section Called—Enumerated Powers Section At the end you will see—the At the end you will see—the Necessary & Proper Clause Necessary & Proper Clause Paragraph 3—Regulates Commerce with foreign nations—Only the Federal Gov. has export regulations 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— Example—Indian tribes—States would like to tax, but they are exempted— This gives a narrow meaning to the regulation of trade This gives a narrow meaning to the regulation of trade

Pre-emption Doctrine The Federal government can override State Laws 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 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 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— 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! Federal Government can’t regulate this! An undue burden test is established— 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 Police Power Health Health Safety Safety Welfare Welfare Each of the above doesn’t stop the state from being involved 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— 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. Example: An Iowa State Law limits the length of hauling trailers to 55 ft. A company sued—Consolidated Freight A company sued—Consolidated Freight The state lost the case, because they The state lost the case, because they couldn’t prove safety was an issue. couldn’t prove safety was an issue.

Articles of the Constitution Article I, Section 10—established an 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 III—Judicial Branch Article IV—Full Faith & Credit Clause Article IV—Full Faith & Credit Clause Article V—Amendments Article V—Amendments Article VI—Supremacy Clause Article VI—Supremacy Clause

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st Ten—Bill of Rights—ratified proposed—one not ratified 27 proposed—one not ratified 18 th Amendment—Prohibition—repealed 18 th Amendment—Prohibition—repealed by 21 st

Bill of Rights 1. Establishment Clause—no rights are 1. Establishment Clause—no rights are Absolute Absolute Commercial Speech—is protected, but Commercial Speech—is protected, butrestricted 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 5. Due Process Clause—2 kinds due process & equal protection Procedural Due Process—a notice &/or 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 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? 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? 9. Other rights—What are they? The court will determine them The court will determine them Inherent rights—some are enumerated Inherent rights—some are enumerated Society changes Society changes Right to privacy is not mentioned—Courts have Right to privacy is not mentioned—Courts have Recognized as protected Recognized as protected Judicial activists are protected Judicial activists are protected

Bill of Rights— 10. Reservation of Powers to the State 10. Reservation of Powers to the State Provides for police power Provides for police power 14. State goes with the 5 th to provide Due Process—limits state governments 14. State goes with the 5 th to provide Due Process—limits state governments Provides for Speech, liberty—Selective incorporation of liberties—give interpretation of the Due Process Clause Provides for Speech, liberty—Selective incorporation of liberties—give interpretation of the Due Process Clause Equal Protection Clause—is incorporated by the 5 th Amendment Due Process Clause Equal Protection Clause—is incorporated by the 5 th Amendment Due Process Clause

5 th & 14 th Amendments Due Process & Equal Protection can’t be denied Due Process & Equal Protection can’t be denied Regulation is based on Race, national origin—fundamental rights 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 Gives—Strict Scrutiny—State has to have a compelling interest in the cases that it pleads

Reverse Discrimination-- Fundamental rights are enumerated— Fundamental rights are enumerated— State’s must have a compelling interest to take them away—Ex: If a crime is committed. 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 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 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. 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 Ex: Law license—(any state license)— government protests it with qualifications State statutes are usually upheld by the Federal government State statutes are usually upheld by the Federal government

Supreme Court— Has to have an interest in the cases it hears Has to have an interest in the cases it hears A writ is required A writ is required Cases that are heard by the Supreme Court are of interest Cases that are heard by the Supreme Court are of interest To Federal Government To Federal Government Issues dealing with the Constitution Issues dealing with the Constitution Federal Law supercedes State Law Federal Law supercedes State Law