Chapter 5: Constitutional Law: Federal Powers, Rights, and Judicial Review

US Constitution

Considered the greatest legal document in our legal system, drafted in 1781, and still good today.

Separation of Powers

A method to limit power by creating a national government divided into 3 branches: Executive, Legislative, & Judicial.

Federalists

Wanted a strong central government and feared the power of common people.

Anti-Federalists

Feared a powerful central government.

Bill of Rights

Gave individual rights to citizens, established in 1716.

Congressional Power

The power granted to Congress to create statutes, consisting of the House of Representatives and the Senate.

House of Representatives

Part of Congress with 155 members, based on state populations.

Senate

Part of Congress with 100 members, 2 from each state.

Tenth Amendment

States that all powers not delegated to the US by the constitution are reserved to other states.

Commerce Clause

Gives Congress the power to regulate commerce with other countries and among the states.

Substantial Effect Rule

Established in Wicker v. Filburn, allowing Congress to regulate any activity that has a substantial economic effect on interstate commerce.

Wicker v. Filburn

A case where the government stated that a farmer's excess wheat production harmed economic trades, despite the farmer claiming no economic effect.

Balance of Power

The system where Congress passes statutes, the President can veto, and Congress can override that veto.

Executive Branch

One of the three branches of government responsible for enforcing laws.

Legislative Branch

One of the three branches of government responsible for making laws.

Judicial Branch

One of the three branches of government responsible for interpreting laws.

Articles of Confederation

The initial governing document that gave central government no real power.

Framers

The individuals who drafted the Constitution to create a new government.

Interstate Commerce

Trade and economic activity that crosses state lines, regulated by Congress.

Central Government

The national governing authority that was a point of contention between Federalists and Anti-Federalists.

Statute

A written law passed by a legislative body.

Power of Congress

Includes the ability to levy taxes, declare war, and regulate commerce.

Supremacy Clause

Constitution and federal statutes and treaties are supreme law of land.

What article defines Executive Power?

Article 2

Legislation

President and advisors propose bills to Congress and president can veto Congress bills.

Foreign policy

President conducts nations foreign affairs, coordinates international efforts, negotiates treaties, heads military, and can't declare war.

What article defines Judicial Power?

Article 3

Federal Courts

Federal courts have two key functions: adjudicating cases and judicial review.

Adjudicating cases

Federal courts hear criminal and civil cases.

Judicial review

Power of federal government to declare a statute or government action unconstitutional.

Judicial Action

Courts willingness to decide issues on constitutional grounds.

Judicial Restraint

A court's attitude that it should leave lawmaking to legislators.

Protected Rights

Amendments to the Constitution that protect people and corporations of the US from state and federal government.

1st Amendment

Freedom of religion and expression; Congress shall not make a law respecting an establishment of religion or prohibiting the free exercise thereof.

Political speech

Protected unless it's intended to create imminent lawless action.

Morality and Obscenity

Obscenity does not have Constitutional protection; can't ban it because you don't like it.

Commercial speech

Communication that has a dominant theme of proposing business transactions; government can regulate ads provided that the rules are reasonable and directed towards a legit goal.

5th Amendment

No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment; nor be deprived of life, liberty, or property, without due process of law.

Procedural due process

Before taking liberty or property, must ensure it's a fair process.

Takings clause

Government takes property for public use, it must pay a fair price.

Eminent domain

Power of government to take private property for public use.

Substantive due process

Some rights are so fundamental that the government can't take them away.

14th Amendment

Equal Protection Clause - Government must treat everyone equally.

What has minimal scrutiny?

Economic and Social Regulation

What has intermediate scrutiny?

gender

What has strict scrutiny?

race, ethnicity, and fundamental rights.