Constitutional Concerns: Functions Enumerated Powers -- Specific Grants of Authority to Federal Government Limits on Government Action -- Bill of Rights.

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Presentation transcript:

Constitutional Concerns: Functions Enumerated Powers -- Specific Grants of Authority to Federal Government Limits on Government Action -- Bill of Rights and Other Protections Three Main Functions: –Regulate Relationship Btwn. Government and Citizens –Regulate Relationship Between Federal Govt. and States –Regulate Relationship Among 3 Branches of Federal Govt.

Judicial Approaches to Constitutional Issues Government Action Requirement Balancing Tests: How to Interpret the Constitution –Strict Scrutiny -- “Suspect Class” Compelling Govt. Purpose Directly Related to Purpose No More Restrictive Than Necessary to Achieve Purpose –Rational Basis -- Non Suspect Class Rational Relationship to Legitimate Govt. Purpose?

Enumerated Powers Federal Government: Enumerated Powers –Commerce Power NFIB v. Sebelius –Taxing and Spending Power NFIB v. Sebelius –Takings Power: Eminent Domain Kelo v. City of New London State Government: Residual Powers –Police Power –Taxing and Spending –Takings Power: Eminent Domain

Limits on Government Action Limits on Federal & State Government: –Freedom of Speech (1st & 14th Amendment) –Freedom of Religion (1st & 14th Amendment) –4th Amendment (No Unreasonable Searches) –5th Amendment (No Self- Incrimination) –Due Process (5th & 14th Amendment) –Equal Protection (5th & 14th Amendment)

Limits on Government Action Limits on State Government Only: –Contracts Clause – Commerce Clause –Supremacy Clause(Preemption) Arizona v. U.S. Limits on Federal Government Only: –State Sovereignty (11 th Amendment) Tennessee v. Lane

The Strict Scrutiny Test Used when government action affects a suspect class or fundamental freedom Is the speech at issue normally protected by the First Amendment? (Only for speech cases) Is there a compelling government interest for government to restrict the speech? Is the restriction directly related to the government’s purpose? Does the restriction go no further than necessary to achieve that government purpose?

Rational Basis Test For use where government action does not involve a suspect class or a fundamental freedom Is the government action rationally related to a legitimate government purpose?