Management 200: Intro to LawProfessor DawsonMWF 7:30-8:50June 2, 2014Constitutional LawArticle I Legislative Branch: power to pass lawsCongress: House of Representatives (based on population by state)Senate (each state has 2)laws have to pass in both-Section 8: spells out powers- borrow money, regulate foreign commerce, naturalization, coin money, patents, piracy, declare warLast paragraph of Section 8: can do whatever’s necessary and proper-Section 9: spells out what they cannot do- habeas corpus (why are you being held), no expo facto (after the fact), no nobilityArticle II Executive Branch: power to carry out lawsPresidentMost powerful office in the world-Section 2: powers of commander in chief- military, make treaties, state of the unionArticle III Judicial Branch: power to interpret lawsCourt SystemArticles IV-VII**KNOW**Amendments 1-10: Bill of RightsAmendments 11-27Unconstitutional = violates constitutionJune 4, 2014Incorporation DoctrineDue Process: right to notice and to be heardGov’t has to tell you why you’re arrested, how your taxes are being chargedBill of Rights: originally limit on Federal Power (whole United States)originally no limits on state, county, city, etc.after abuse by states, county city, etc…..14th Amendment: Bill of Rights=limit on ALL gov’t power, Federal, State, County, City, etc.**Doesn’t tell you how to implement it = Due ProcessAlso in the 14th Amendment-Due ProcessTypes of Due Process-Procedural Due ProcessIf you are deprived of (if the gov’t deprives you of)Life, Liberty, or Property (death penalty, jail/prison, fine/taxes)You are entitled toNotice and an opportunity to be heard (trial)-Substantive Due ProcessIf a law infringes (harms, hinders, hurts)On a fundamental right (rights in the Bill of Rights)The law must be necessaryTo a compelling government interestAll other laws (speed limit, pollution, taxes)Need only beRationally related (this law might tend to help)To a legitimate governmental interestIf yes = constitutional-Equal Protection of the LawIf a law discriminatesBased on a suspect class (race or country of origin)The law must be necessaryTo a compelling governmental interestAll other laws (that discriminate)Need only beRationally relatedTo a legitimate governmental interestJune 6, 2014Bill of Rights—First Amendment- Freedom of Religiono Fundamental righto Government cannot establish a religiono Religious belief-laws cannot regulateo Religious conduct-laws can regulate under the compelling government interest rule- Freedom of Assemblyo Fundamental rightSet by PrecedentsLess than half of the world has thisHigh StandardLow StandardHigh StandardLow Standardo “Congress shall make no law abridging the right of the people to peaceably assemble”- Freedom of the Presso Fundamental righto “Congress shall make no law abridging freedom of the press”- Freedom of Speecho Fundamental righto “Congress shall make no law abridging freedom of speech” Status of Person- Government employee- Military- Prisoner Location of Speech Exceptions- Fighting words- Defamation –words that hurt someone reputation-