Module # 4 lecture

Module # 4An Introduction to the United States Constitution

OverviewIntroductionArticles I, II, and IIILevels of Scrutiny Commerce ClauseThe Bill of RightsFirst AmendmentEminent Domain Fourteenth Amendment

IntroductionThe Constitution is the back bone of our nationSucceeded the Articles of Confederation, adopted after the War for IndependenceInitially contained ONLY the seven (7) Articles and NO Amendments

Article ISec 1: All legislative powers in two houses:SenateHouse of RepresentativesSec 2: House of RepresentativesAge requirementsEach State has at least one RepresentativeSec 3: SenateAge requirementsSec 4: Elections

Article ISec 8: Gives Congress power to:TaxSpend for the General Defense and Common WelfareRegulate CommerceDeclare WarRaise and Support the MilitaryNecessary and Proper Clause

Article IISec 1Creates the office of the President/Vice PresidentQualificationsMethod of ElectionSec 2: Commander & Chief of the MilitaryConduct Foreign AffairsAppoint Judges, Ambassadors, and other Gov’t OfficersRequires “Advice and Consent” of the Senate

Article IISec 3State of the Union AddressSec 4ImpeachmentTreason, Bribery, or other High Crimes and Misdemeanors

Article IIISec 1: Creation of the Supreme CourtSec 2: Original JurisdictionCases and ControversiesThis has been amended by CongressSec 3: Treason“[S]hall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.”

Levels Scrutiny Strict ScrutinyIntermediate Scrutiny Rational Basis

Strict Scrutiny Fundamental Rights, Race, National Origin, Some types of Speech (i.e. political)Test: in order to be valid:Compelling state interestNarrowly tailored Must be the LEAST restrictive means Burden is on the GOVERNMENT to prove the Government Action is Constitutional

Intermediate Scrutiny Gender, Illegitimacy, Sexual Orientation, Speech: Time, Place, and Manner RestrictionsTestImportant Government InterestSubstantially related to that InterestBurden is on the GOVERNMENT to prove the Government Action is Constitutional

Rational Basis Any other Government Law or Regulation (i.e. Commerce, Taxation, Spending, Criminal Laws)TestReasonably RelatedLegitimate Government InterestDoes not have to be the least restrictive means, only must be REASONABLE Burden is on the PARTY challenging the Government Action to show the action is Unconstitutional.

Commerce ClauseArticle I, Sec. 8, Clause 3, U.S. Const. Congress has the power “[t]o regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”Rational Basis ReviewCongress may:regulate the use of the channels of interstate commerceregulate and protect the instrumentalities of interstate commerce, or persons or things in Interstate Commerce, even though the threat may come only from intrastate activitiesregulate those activities having a substantial relation to interstate commerce (i.e., those activities that substantially affect interstate commerce)

Commerce Clause Prior to the New Deal the Court was very restrictive on Congress’ powerDuring the New Deal the Court was deferential to CongressCurrently the Court is more restrictive on Congress’ powerUnited States v. Lopez, 514 US 549 (1995) and United State v. Morrison, 529 US 598 (2000)SCOTUS invalidated two Federal Criminal Statutes which tried to regulate Intra-State CrimeFinding no “substantial relationship” to interstate commerce

Bill of RightsFirst Ten (10) Amendments to the Constitution:Speech, Press, AssemblyMilitia and The Right to Bear ArmsNo “quartering” of SoldiersUnreasonable Search and Seizure Self Incrimination, Takings ClauseRight to CounselRight to Jury TrialCruel & Unusual Punishment; Excessive BailNo denial or rightsPowers not delegated to the Federal Government are reserved to the States

First AmendmentReligion: Establishment or Prohibition Assembly : right to assemble peacefully PressSpeech Petition the Government for redress of grievances

SpeechPolitical Speech: Fundamental Right; requires Strict ScrutinyGov’t may regulate the Time, Place, and Manner of speech but it must comply with Intermediate Scrutiny Commercial Speech: Rational BasisFighting Words Doctrine“[I]nsulting or fighting words, those that by their very utterance inflict injury or tend to incite an immediate breach of the peace"

Eminent Domain Takings Clause, Amend V: “nor shall private property be taken for public use, without just compensation.”I. e. new road ways, parks, or public buildingsKelo v. City of New London, 545 US 469 (2005)5-4 Decision Property taken from private land owner, by Eminent Domain, and transferred to another private personFound the taking constitutional because the taking was for a “public purpose” because it would create “new jobs and increase tax revenue.”

Fourteenth AmendmentIncorporationDue ProcessSubstantive Due ProcessProcedural Due ProcessEqual Protection

The Incorporation DoctrineThe process by which the Bill of Rights is applied to the many states, through SCOTUS decisions.Originally, the Bill of Rights only applied to the Federal GovernmentTypes of IncorporationTotal: argument favoring total application of the Bill of Rights to the statesSelective: incorporation of the Bill of Rights in small incremental steps. This is method that has been used. Most provisions have of the Bill of Rights have been applied to the states in this manner.

Due Process Clause“…nor shall any State deprive any person of life, liberty, or property, without due process of law.” U.S. Const, Amend XIV, Sec 1.Ensures fairness for persons who are subject to a Governmental Action. (i.e. criminal laws)Types of Due ProcessSubstantiveProcedural

Substantive Due ProcessPrevents the government from taking away a fundamental right, without due process (i.e. fairness)Types of Fundamental Rights “takings”De Jure: a law by its text specifically denies or infringes on a fundamental rightDe Facto: a law as it is applied is discriminatory in nature. Yick Wo v. Hopkins, 118 US 356 (1886). (Chinese Laundries)Level of ScrutinyStrict Scrutiny: governmental action must be narrowly tailored to further a compelling governmental interest. Must be the lease restrictive means necessary.

Procedural Due ProcessRequires that a governmental action – generally a form of adjudication – be fair and neutralFactorsNoticeOpportunity to be heardFair and neutral JudgeLevels of Scrutiny Strict Scrutiny: Criminal and Fundamental Rights Rational Basis: All other adjudicative hearings (i.e. administrative). Procedure must be “reasonably related to a governmental interest.”

Equal Protection“… nor shall any State deprive any person of life, liberty, or property … nor deny to any person within its jurisdiction the equal protection of the laws.” U.S. Const, Amend XIV, Sec 1.Prevents discrimination based on “suspect classes”Levels of Scrutiny Strict Scrutiny: Race or National OriginIntermediate Scrutiny: GenderRational Basis: AgeSexual Orientation: rational basis, but some courts are using intermediate scrutiny. Lawrence v. Texas, 539 US 558 (2003).

Equal Protection – RacePlessy v. Ferguson, 163 U.S. 537 (1896)Separate train cars for Caucasians and Negros (verbiage at the time)“Separate but Equal”Held: that it was acceptable to separate races, as long as the facilities for each race was “equal”Brown v. Board of Education, 347 US 483 (1954)Separate Schools for Whites and BlacksNAACP brought a series of cases Held: even if separate facilities are equal, the mere separation of races is discriminatory, and therefore an unconstitutional violation of the Equal Protection Clause.

ReviewConstitutional ArticleArticle I: Legislative Article II: ExecutiveArticle III: Judicial

Levels of Scrutiny Strict: government action must be narrowly tailored to further a compelling governmental interest.Burden on GovernmentIntermediate: government action must be substantially related to further an important governmental interestBurden on GovernmentRational Basis: government action must be rationally related to a legitimate governmental interestBurden on Challenging Party

ReviewCommerce ClauseCongress’ power to regulate the streams and instrumentalities of commerceAction must be related to commerceThe Bill of RightsFirst 10 Amendments to the ConstitutionKnow the basics of each Amendmenti.e. Fourth Amend applies to unreasonable searches & Seizures

ReviewFirst AmendmentSpeechLevels of ScrutinyPoliticalTime, Place, and MannerCommercial SpeechFighting WordsAssemblyPressReligion

ReviewEminent Domain14th AmendmentIncorporationDue ProcessSubstantive Procedural Equal Protection

Module # 4 lecture

More Related Content

What's hot (18)

Similar to Module # 4 lecture (20)

Module # 4 lecture