Chpater 4 Constituitional Law

Basic Principles

federalism,

federal supremacy and preemption,

judicial review,

separation of powers, and

state action.

Federalism

governing power is divided between the federal government and the states

Supremacy Clause

federal law takes precedence over conflicting state laws

preempts

first right of the federal government to regulate matters within its powers to the possible exclusion of state regulation

Judicial review

power of the courts to determine the constitutionality of any legislative or executive act

separation of powers

allocation of powers among the legislative, executive, and judicial branches of government

State action

actions by governments as opposed to actions taken by private individuals

commerce power

exclusive power granted by the U.S. Constitution to the federal government to regulate commerce with foreign countries and among the states

Federal Fiscal Powers

the power to tax,

the power to spend,

the power to borrow and coin money, and

the power of eminent domain.

Limitations to Taxes

direct taxes must be apportioned among the states,

all custom duties and excise taxes must be uniform throughout the United States, and

no duties may be levied on exports from any state.

eminent domain

the power of a government to take private property for public use upon payment of fair compensation

Limitations on Government

the Contract Clause,

the First Amendment,

due process, and

equal protection.

rational relationship test

requirement that regulation bears a rational relationship to a legitimate government interest

strict scrutiny test

requirement that regulation be necessary to promote a compelling government interest

intermediate test

requirement that regulation have a substantial relationship to an important government objective

Contract Clause

prohibition against the states’ retroactively modifying public and private contracts

Corporate Political Speech

First Amendment protects a corporation’s right to speak out on political issues

Commercial speech

expression related to the economic interests of the speaker and his audience

Defamation

injury of a person’s reputation by publication of false statements

due process

Fifth and Fourteenth Amendments prohibit the federal and state governments from depriving any person of life, liberty, or property without due process of law

Substantive due process

requirement that government action be compatible with individual liberties

Procedural due process

requirement that government action depriving a person of life, liberty, or property be done through a fair procedure

liberty

ability of individuals to engage in freedom of action and choice regarding their personal lives

Property

includes real property, personal property, and certain benefits conferred by government

equal protection

requirement that similarly situated persons be treated similarly by government action