Constitutional Law and Key Case Studies

Enforcement of Constitutional Law

  • The Constitution is dynamic and continually interpreted by the branches of government.
  • Branch Responsibility:
    • Executive Branch: Responsible for enforcement of laws.
    • Judicial Branch: Interprets laws and makes rulings, but does not enforce them.
Judicial vs. Executive
  • Example: The US Marshals – a subagency under the executive responsible for law enforcement.
  • Problem arises if the executive does not want to enforce laws.
    • Legislative branch has no direct power to enforce laws.
Historical Context: Trail of Tears
  • Events that led to the forced displacement and extermination of Native Americans, known as the Trail of Tears.
    • Supreme Court ruled this was unlawful, but President Andrew Jackson ignored the ruling, highlighting the limit of judicial power.
Presidential Actions and Court Rulings
  • Nixon Watergate Case: Nixon challenged the Supreme Court's authority.
    • Initially prepared to ignore the court’s order, but the unanimous ruling against him led to his resignation.
Legislative Limitations on the Executive
  • Presidents often face challenges when Congress does not support required actions, leading to reliance on executive orders.
  • Contrast between presidential power and that of a monarch.

Practical Learning: Legal Night Event

  • Event organized for paralegal and law students to gain practical experience by interviewing clients and presenting cases to lawyers.
  • Benefits include networking with attorneys and potential job offers based on performance during the event.

Case Study: Arizona v. United States

Background
  • Arizona created laws aimed at immigration, leading to conflict with federal laws.
    • Local dissatisfaction with federal immigration enforcement led to state action.
Preemption Concepts
  • Preemption: Federal law takes precedence over state law.
    • Importance of understanding the Supremacy Clause.
    • Express Preemption: Federal law explicitly states its exclusive authority.
    • Implied Preemption: Federal regulations are so comprehensive that any state action is believed to conflict with federal intent.
Specific Sections of Arizona Laws
  1. Section 3: Misdemeanor for failing to complete alien registration documents.
    • Court deemed this preempted as federal law has an established enforcement mechanism.
  2. Section 5: Misdemeanor for unauthorized employment by undocumented immigrants.
    • Court ruled businesses would be liable, not individuals.
  3. Section 6: Allows state officers to arrest individuals based on suspected immigration status, deemed an interference with federal processes.
  4. Section 2B: Mandates immigration status checks upon suspicion, with concerns raised about potential racial profiling.
    • Eventually prohibited due to evidence of discriminatory practices following the law's implementation.

Overview of Immigration and Administrative Law

DACA (Deferred Action for Childhood Arrivals)
  • Implemented under the Obama administration, targeting immigrants brought to the U.S. as children.
  • Legal challenges arose under the Trump administration concerning its validity and the process by which it could be rescinded.
  • Criticism of the manner in which the DACA program was annulled highlighted failure to comply with the Administrative Procedures Act (APA).
Regulatory Framework
  • Administrative Procedures Act (APA): Mandates that federal agencies must think through the implications of rule changes before enactment, ensuring decisions are not arbitrary or capricious.
    • Importance of deliberation and thorough consideration is stressed to avoid legal loopholes.
  • Outcome: The courts found the method used to terminate DACA as improperly executed, allowing DACA to remain intact temporarily.
Wrap-Up
  • Key takeaway: The interrelationship between federal and state law is complex, importantly illustrated by case studies and historical context.
  • Understanding the role of the APA and the consequences of executive actions in conjunction with constitutional law is critical for students in legal studies.