The Constitution The Constitution The Commerce Clause The Commerce Clause Chapters Six and Fifteen Chapters Six and Fifteen Constitutional Law Constitutional Law United States Constitution United States Constitution Article I establishes the Congress Article I establishes the Congress Article II establishes the Executive branch Article II establishes the Executive branch Article III establishes the Judiciary Article III establishes the Judiciary Article IV includes the Full Faith and Credit Article IV includes the Full Faith and Credit and Privileges and Immunities clauses and Privileges and Immunities clauses Article V governs Amendment Article V governs Amendment Constitutional Law Constitutional Law Separation of Powers Separation of Powers The Constitution provides a system of The Constitution provides a system of checks and balances between the checks and balances between the Legislative Executive and Judicial Legislative Executive and Judicial branches of government branches of government The Constitution also divides power The Constitution also divides power between the federal and state local between the federal and state local governments governments Constitutional Law Constitutional Law Separation of Powers Separation of Powers Federalism A system of government in Federalism A system of government in which power is divided between a which power is divided between a central national government and central national government and various regional state governments various regional state governments Constitutional Law Constitutional Law Separation of Powers Separation of Powers The Preemption Article VI Supremacy Clause Article VI The Supremacy Clause establishes that the Constitution all federal establishes that the Constitution all federal statutes and U S treaties are the supreme statutes and U S treaties are the supreme law of the land law of the land Preemption occurs when the federal occurs when the federal government has claimed the exclusive right to government has claimed the exclusive right to regulate a particular area or a state law regulate a particular area or a state law conflicts with a federal law conflicts with a federal law The state regulation is invalid The state regulation is invalid Constitutional Law Constitutional Law Preemption Analysis Preemption Analysis Does federal law expressly say state can t Does federal law expressly say state can t legislate legislate Does state law conflict with federal law Does state law conflict with federal law Has Congress so comprehensively legislated in Has Congress so comprehensively legislated in area that no room for state law i e federal area that no room for state law i e federal law occupies the field law occupies the field Constitutional Law Constitutional Law Contracts Clause Contracts Clause Article I Section 10 No Article I Section 10 No State pass any Law impairing the Obligation pass any Law impairing the Obligation of contracts of contracts shall State shall Constitutional Law Constitutional Law Amendments and Basic Protections Amendments and Basic Protections The First Amendment The First Amendment Freedom of Speech Congress shall make Freedom of Speech Congress shall make no law abridging the freedom of speech no law abridging the freedom of speech Limited protection for commercial speech Limited protection for commercial speech Freedom of the Press Congress shall Freedom of the Press Congress shall make no law abridging the freedom of make no law abridging the freedom of the press the press Constitutional Law Constitutional Law Amendments and Basic Protections Amendments and Basic Protections The First Amendment The First Amendment Freedom of Religion Freedom of Religion Establishment Clause Congress shall make no Establishment Clause Congress shall make no law respecting an establishment of religion law respecting an establishment of religion Free Exercise Clause Congress shall make no Free Exercise Clause Congress shall make no law prohibiting the free exercise of religion law prohibiting the free exercise of religion Constitutional Law Constitutional Law Amendments and Basic Protections Amendments and Basic Protections A Due Process The requirement 55thth A Due Process The requirement that all legal proceedings be fair that all legal proceedings be fair One must be given notice of the proceedings One must be given notice of the proceedings and an opportunity to be heard before the and an opportunity to be heard before the government acts to take away one s life government acts to take away one s life liberty or property liberty or property Constitutional Law Constitutional Law Amendment 1414thth Amendment deny any person of life state deny any person of life Due Process and Equal Protection nor Due Process and Equal Protection nor shall any state shall any liberty or property without due process of liberty or property without due process of law nor deny to any person within its law nor deny to any person within its jurisdiction the equal protection of the laws jurisdiction the equal protection of the laws Amendment also incorporates or carries 1414thth Amendment also incorporates or carries over the Bill of Rights to apply to states over the Bill of Rights to apply to states Constitutional Law Constitutional Law Commerce Clause Commerce Clause Article I Section 8 Congress shall have Article I Section 8 Congress shall have the Power to regulate Commerce with the Power to regulate Commerce with foreign Nations and among the several foreign Nations and among the several States States Constitutional Law Constitutional Law Commerce Clause Commerce Clause Regulation of Foreign Commerce Regulation of Foreign Commerce Regulation of Interstate Commerce Regulation of Interstate Commerce Interstate commerce commercial trade Interstate commerce commercial trade business movement of goods or money or business movement of goods or money or transportation from one state to another transportation from one state to another state commerce commerce occurring InIntratrastate commerce commerce occurring exclusively in one state exclusively in one state Regulation of intrastate commerce is reserved to Regulation of intrastate commerce is reserved to the states the states