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
- Section 3: Misdemeanor for failing to complete alien registration documents.
- Court deemed this preempted as federal law has an established enforcement mechanism.
- Section 5: Misdemeanor for unauthorized employment by undocumented immigrants.
- Court ruled businesses would be liable, not individuals.
- Section 6: Allows state officers to arrest individuals based on suspected immigration status, deemed an interference with federal processes.
- 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.