Constitutional Law: Key Principles, Cases, and Amendments

Constitution

Sets framework for government in America

Separation of Power

3 co-equal branches have checks and balances on each other

Federalism

Separation of powers between federal and state governments

Supremacy Clause

Constitution is the supreme law of the land, basis of concept of judicial review

Preemption

If there's a federal and state law in conflict and Congress intends to occupy entire field of regulation, federal overrules

Commerce Clause

Power to regulate commerce with foreign nations and among several states and with Indian tribes

Wickard v. Filburn (U.S 1942)

Congress tried to drive up wheat prices by limiting supply, farmer fillburn grew wheat to eat himself and for his farm and he got cooked cus he grew more wheat than the max, he said congress cant control him cus he doesnt sell across states, SCOTUS rules congress may control in state activities if it has substantial effect on interstate commerce

Gonzales v. Raich, 545 U.S 1 (2005)

She grew medical marijuana for herself, feds came in and destroyed all of it. She says not fair cus shes not selling across states they have no right to come and destory them. Applied fillburn analysis cus it would affect the pain meds industry

Mann Act

Criminalizes transportation of any woman or girl for purpose of prostitution or debauchery or any other immoral purpose

1st Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceable to assemble, and to petition the government

Freedom of Religion - Establishment Clause

Congress can't establish a religion, basis of separation of church and state

Free Exercise Clause

Congress can't restrict practices of one's religion or right not to practice

Newdow v. Elk Grove Unified Schools, 542 US 1 (2004)

• Michael newdow didnt like that his daughter had to listen to the pledge every single morning and that it inherently established a religion, question was whether listening to the pledge went against etslabishment clause

• Dad didnt have legal custody cus of divorce so it got dismissed due to lack of standing

Church of Lukumi Babalu Aye v. City of Hialeah, 508 US 520 (1993)

Church practices religion of santeria, uses hella animal sacrifice as form of worship, this city in florida passed a law saying you cant store animals for sacrifice after seeing an establishment of santeria come to the city. Did the ordinance violate free exercise? Yes it did

Freedom of Speech

Basic right to criticize government

What does it cover: NOT ur right not to hear it its protecting the person

• Verbal and written speech

• Symbolic speech

• Right not to speak

• Commercial speech

Texas v. Johnson, 491 US 397 (1989)

• Johnson burned flag, convicted fined and sent to jail for a year, said it violated freedom of speech

• Court said yes burning of flag is protected under first amendment

Preferred Position

Speech protected almost absolutely with higher standard of judicial review

Examples of unprotected free speech

Incitement, True Threats, fighting words, obscenity, pornography

Incitement

Speech that is both directed to inciting or producing imminent lawless action and is likely to incite or produce such action

True threats

Speaker has serious expressions of intent to commit an act of unlawful violence to individual or group

Fighting words

Words by very act of being spoken tend to incite individual to whom they are addressed to respond violently  and to do so immediately, with no time to think

must be face to face

Obscenity

Any act that strongly affects public standards of morality, decency, or sexual modesty

Pornography: Community Standard Test (1973)

• Appeals to sex, no other value

• Needs literary, artistic, political or scientific value to get any constitutional protection

Commercial Speech

Protects corporations and individuals

5th Amendment

Government can't take private property for public use without just compensation

Eminent Domain

Allows government to take private property for public use after paying just compensation: just compensation is fair value

10th Amendment

Powers not delegated to federal government or prohibited from states are reserved for the states or to the people

Police Powers

Capacity of states to regulate behavior and enforce order within their borders

cant be arbitrary, capricious, or unreasonable

14th Amendment

Everyone born or naturalized in US are citizens of US and State they live in

Privileges and Immunities Clause

• No state can make a law that abridges privileges and immunities of citizens

• You are treated to same privileges and immunities from gov whichever state ur in

Due Process Clause

no state can make a law that deprive any person of life, liberty, or property without due process of law, Has been used to incorporate bill of rights to all states

Substantive Due Process

• Focuses on rights themselves and if depriving them is justified

• Asks whether government depravation is justified

Procedural Due Process

• Focused on proper procedures

• Asks if gov has gone through proper procedures when taking away life, liberty, property

• Requires

  • Notice

  • Opportunity to be heard

  • Neutral decider

Equal Protection Clause

No state shall make a law that can Deny to any person within its jurisdiction the equal protection of the law, cant treat people diff based on groupings

What happens if a law is believed to discriminate

the court scrutinizes law and justification for discrimination

3 types of scrutiny

Rational Basis/Minimum Rationality, Quasi Strict Scrutiny, Strict Scrutiny

Rational Basis/Minimum Rationality

• Rationally connected to permissible gov objective

• Gov usually wins

• Height, weight, age, marriage

Quasi strict scrutiny

• Substantially related to an important government interest

• gender

Strict Scrutiny

• Necessary compelling state interest and no less restrictive alternative

• Gov usually loses

• Race, national origin, legitimacy, fundamental rights