Ch 5 Constitutional Law

Federalism

A system where government power is divided between the federal government and state governments.

Tenth Amendment

Powers not given to the federal government and not taken away from the states are reserved for the states. The federal government can only exercise powers given to it by the Constitution.

Three Branches of Federal Government

Legislative (Congress makes laws), Executive (President enforces laws and can veto laws), and Judicial (federal courts interpret laws and determine whether laws are constitutional).

Checks and Balances

Each branch has powers that limit the other branches, preventing one branch from becoming too powerful. For example, Congress can override a presidential veto with a 2/3 vote, and courts can declare laws unconstitutional.

Judicial Review

The power of courts to determine whether government actions or laws are constitutional. It was established through Marbury v. Madison (1803).

Marbury v. Madison

Established the principle of judicial review and confirmed that courts must follow the Constitution when a law conflicts with it.

Supremacy Clause

Found in Article VI. The Constitution, federal laws, and treaties are the supreme law of the land. A state or local law that directly conflicts with federal law is void.

Concurrent Authority

When both federal and state governments have the power to regulate the same subject. States can regulate the same area as the federal government as long as their laws do not conflict with federal law.

Federal Preemption

When the federal government takes exclusive control over an area that both federal and state governments could otherwise regulate. A conflicting state law is unconstitutional.

Supremacy Clause vs. Federal Preemption

Supremacy Clause means valid federal law is supreme over conflicting state/local law. Federal preemption means federal regulation takes exclusive control over an area.

Commerce Clause

Article I, Section 8 gives Congress power to regulate commerce with foreign nations, among the states (interstate commerce), and with Native American tribes. It is the main source of federal authority to regulate business.

How did Commerce Clause interpretation change?

Before the 1930s, courts interpreted it narrowly and generally limited federal regulation to activities directly involving interstate trade. Beginning in the 1930s, the Supreme Court interpreted it more broadly.

NLRB v. Jones & Laughlin Steel Corp. (1937)

A major Commerce Clause case that allowed Congress to regulate labor relations at a manufacturing plant because a work stoppage could significantly affect interstate commerce.

Limit on the Commerce Clause

Congress cannot regulate an activity simply by claiming it might affect commerce. There must be a real or substantial connection to interstate commerce.

United States v. Lopez (1995)

The Supreme Court ruled Congress exceeded its Commerce Clause authority by banning guns near schools because possessing a gun near a school was too far removed from commerce.

United States v. Johnson (2022)

The court used the substantial effects category of Commerce Clause power and considered four factors: whether the activity is commercial/economic, whether the law connects it to interstate commerce, whether Congress has findings showing an effect on interstate commerce, and whether the connection is too weak or indirect.

Police Power

The residual powers retained by each state to safeguard the health and welfare of its citizens, including criminal laws, building codes, zoning, sanitation rules, and medical licensing.

Dormant Commerce Clause

Limits states from passing laws that improperly interfere with interstate commerce. A state law is generally unconstitutional if it discriminates against interstate commerce or substantially interferes with it.

Commerce Clause vs. Dormant Commerce Clause

The Commerce Clause mainly gives Congress power over interstate commerce, while the Dormant Commerce Clause limits state governments from discriminating against or substantially interfering with interstate commerce.

Privileges and Immunities Clause

Article IV, Section 2. States generally cannot discriminate against citizens from another state when they participate in basic or essential activities, such as seeking employment, buying/selling property, or using the courts.

Full Faith and Credit Clause

Article IV, Section 1. States generally must recognize the public acts, records, and court judgments of other states, such as wills, marriage/divorce decrees, civil judgments, and contracts.

Contract Clause

Article I, Section 10. Government generally cannot pass laws that unreasonably interfere with existing contracts.

Home Building & Loan Association v. Blaisdell (1934)

The Supreme Court upheld Minnesota's temporary law delaying mortgage foreclosures during the Great Depression because the state had a legitimate interest in protecting citizens' welfare.

Bill of Rights

The first 10 amendments to the U.S. Constitution. They are important to business because they place limits on what the government can do to individuals and corporations.

Government vs. Private Businesses

The Bill of Rights primarily protects people from government action, not private employers. The Fourteenth Amendment extends most Bill of Rights protections to the states.

Corporations and Constitutional Rights

Courts apply many constitutional protections to corporations because corporations are generally treated as artificial persons.

First Amendment

Protects freedom of religion, speech, press, peaceful assembly, and the right to petition the government.

Establishment Clause

Prevents the government from establishing a national religion or favoring one religion over another or religion over nonreligious philosophies generally.

Free Exercise Clause

Protects the freedom to practice religion and prevents government from prohibiting the free exercise of religion, subject to possible state restrictions.

Are First Amendment rights absolute?

No. Some speech is not protected, including defamation, obscenity, and historically fighting words. Dangerous speech that creates an immediate harmful situation is also not protected.

Defamation

False statements that harm another person's reputation. The First Amendment does not protect defamation.

Obscenity

An act, expression, or material that strongly offends contemporary community standards of decency and morality, usually involving explicit sexual or excretory content. It is not protected by the First Amendment.

Hate Speech

Derogatory speech directed at members of another group, such as a racial group. The notes explain that many university hate speech codes have been struck down by appellate courts.

Political Speech vs. Commercial Speech

Political speech involves candidates, elections, referenda, or political issues and receives a high level of First Amendment protection. Commercial speech provides information related to the sale of goods and services and can be regulated by the government.

Central Hudson Four-Part Test

When the government restricts commercial speech, courts ask: 1. Is the speech lawful and not deceptive? 2. Does the government have a substantial interest? 3. Does the restriction materially advance that interest? 4. Is the restriction narrowly tailored?

Fourth Amendment

Protects people from unreasonable searches and seizures. Government generally must have probable cause to obtain a warrant.

Search Warrant

A court order authorizing law enforcement to search or seize items described in the warrant. Law enforcement must show probable cause to believe the search will uncover specific evidence of criminal activity.

Fifth Amendment

Protects against being forced to testify against yourself, double jeopardy, and deprivation of life, liberty, or property without due process. It also requires just compensation when government takes private property for public use.

Procedural vs. Substantive Due Process

Procedural due process requires the government to use fair procedures when taking life, liberty, or property. Substantive due process concerns the basic fairness of laws that may deprive someone of life, liberty, or property.

Takings Clause

Requires the government to provide just compensation, or fair market value, when it takes private property for public use.

Sixth Amendment

Provides criminal trial rights, including a speedy and public trial, impartial jury, knowledge of the accusation, witnesses testifying for and against the defendant, and the right to an attorney.

Seventh Amendment

Provides the right to a jury trial in certain civil lawsuits involving more than $20. It applies to civil, not criminal, cases.

Eighth Amendment

Protects against excessive bail, excessive fines, and cruel and unusual punishment.

Ninth Amendment

Recognizes that people retain rights that are not specifically listed in the Constitution.

RFRA (Religious Freedom Restoration Act)

Generally prevents the government from substantially burdening a person's exercise of religion, even when the burden comes from a generally applicable rule.

RFRA Exception

The government may substantially burden religious exercise if the action serves a compelling government interest AND uses the least restrictive means of achieving that interest.