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Chapter One: Constitutional Law

Overview of the U.S. Constitution

• The U.S. Constitution is the supreme law of the land.

• It is at the top of the legal hierarchy; conflicting laws are unconstitutional.

• Not self-executing: Constitution requires interpretation and enforcement through the judiciary.

• Courts play a critical role in determining constitutionality, especially under executive actions or legislative acts.

Historical Context

• The U.S. started with a confederal government system, which provided significant powers to states.

• State sovereignty allowed for unequal treatment of nonresidents and complicated interstate movement.

• Issues arising from this system led to the Constitutional Convention, which aimed initially to amend the Articles of Confederation.

• Delegates ended up drafting an entirely new Constitution, creating a federal government structure.

The Federal Government Structure

• The new Constitution established shared powers between the national and state governments.

• Expressed powers are explicitly listed in the Constitution; remaining powers are reserved for states under the Tenth Amendment.

• Federalism: System where power is divided between national and state governments.

Articles of the Constitution

• Article I: Establishes the Legislative Branch (Congress).

• Article II: Establishes the Executive Branch (President).

• Article III: Establishes the Judiciary (courts, including Article III judges).

• Article I, Section 8: Lists enumerated powers of Congress, often seen as a "laundry list" of legislative abilities.

Separation of Powers and Checks and Balances

• Separation of powers prevents the concentration of power in one branch.

• Legislative Branch: Creates laws.

• Executive Branch: Enforces laws.

• Judicial Branch: Interprets laws.

• Each branch possesses checks over the others to ensure balance:

  • The President can veto legislation (checks Congress).

  • Senate approves treaties and judges (checks Executive).

  • Courts evaluate constitutionality of legislative and executive actions (checks both branches).

• This system is dependent on good faith among officeholders.

Article IV: State Relations

• The Constitution addresses issues from the confederal system, providing for state-to-state relations.

• Full Faith and Credit Clause: Requires states to recognize the public acts, records, and judicial proceedings of other states.

  • Ensures civil rights (e.g., court judgments) are recognized across state lines.

  • Example: A civil judgment from Georgia would be enforceable in South Carolina.

• Privileges and Immunities Clause: Ensures that citizens of each state enjoy the same rights and privileges in other states.

  • States cannot discriminate against non-residents (e.g., hiring practices, access to courts).

  • The clause has exceptions where states may treat non-residents differently if a substantial reason related to the purpose exists (e.g., out-of-state tuition laws).

Conclusion

• Understanding the Constitution's structure and interplay among its articles is vital for grasping U.S. law.

• The Constitution provides a foundation for civil rights, federalism, and intergovernmental relations—all crucial for the functioning of American law.

Governmental Powers

• Expressed Powers: Explicitly listed powers in the U.S. Constitution, primarily found in Article I, Section 8, detailing Congress's legislative abilities.

• Reserved Powers: Powers not granted to the federal government, which are reserved for the states under the Tenth Amendment.

• Concurrent Powers: Powers shared by both national and state governments (e.g., taxation, building roads).

Federalism

• Definition: A system where power is divided between national and state governments, ensuring a balance of authority.

• Importance: Federalism allows for local governance while maintaining national unity, addressing the issues arising from the initial confederal system.

Full Faith and Credit Clause

• The Full Faith and Credit Clause requires states to recognize the public acts, records, and judicial proceedings of other states.

• It ensures that civil rights (e.g., court judgments) are recognized across state lines.

• Example: A civil judgment from Georgia would be enforceable in South Carolina.

Privileges and Immunities Clause

• The Privileges and Immunities Clause ensures that citizens of each state enjoy the same rights and privileges in other states.

• States cannot discriminate against non-residents (e.g., hiring practices, access to courts).

• The clause has exceptions where states may treat non-residents differently if a substantial reason related to the purpose exists (e.g., out-of-state tuition laws).

Commerce Clause

• The Commerce Clause grants Congress the power to regulate commerce with foreign nations, among the several states, and with the Native American tribes.

• Found in Article I, Section 8 of the U.S. Constitution, it serves as a foundation for federal economic regulation.

• Historically, the Commerce Clause has been interpreted broadly to allow federal legislation that affects interstate commerce, expanding federal power into various sectors including labor, civil rights, and environmental regulations.

• Key Supreme Court cases, such as Wickard v. Filburn and Gonzales v. Raich, have affirmed Congress's extensive regulatory authority under the Commerce Clause.

Interstate Commerce Law

• Definition: Refers to the regulation of economic activities that cross state lines in the United States.

• Framework: Governed primarily by the Commerce Clause of the U.S. Constitution, which allows Congress to regulate commerce among the states.

• Scope: Includes a wide range of activities, including transportation, trade, and communications that occur across state boundaries.

• Regulatory Agencies: Various federal and state agencies oversee compliance with interstate commerce laws, ensuring fair practices among businesses.

• Key Legislation: Significant laws like the Interstate Commerce Act of 1887 established the framework for regulating railroads and later expanded to other forms of transportation and commerce.