Chapter 3 An Overview of the US Constitution Article 1 Section 8 legislative powers commerce tax spending powers Article II president executive power veto laws passed by Congress Article II Section 2 other presidential powers comm the nation s armed forces make treaties Article III judicial power of United States to the Supreme Court other federal courts later established by Congress also determines types of cases the federal courts may decide Articles I II III set up a system of checks balances among Congress the president courts Evolution of onstitution Role of Supreme Court Formal constitutional change only through the amendment process Difficult to employ very infrequent Supreme Court is constitution s main amenderA Judicial Review power of courts to declare actions of other gov bodies unconstitutional The constitution limits gov regulatory power in 2 ways a Restricts federal legislative authority by listing the powers congress can exercise which are called enumerated powers b it must not collide with any of the independent checks certain protected spheres into which neither the federal nor state gov can reach today main limitation on congressional power B State Regulatory Power Constitution doesnt list powers state legislatures can exercise Places certain independent checks in path of state lawmaking Declares that certain powers can be exercised only by congress Police Power state power to regulate for public health safety morals welfare C Federal Regulatory Power a Commerce Power Congress shall have power to regulate commerce among several states commerce clause is one of the main sources of congressional regulatory power clause allows Congress to regulate intrastate activities that affect interstate commerce b Taxing Power congress shall have power to lay college taxes duties imposts excises Main purpose is to provide a means of raising revenue Could be used as a regulatory power c The Spending Power a must serve general public purposes b when Congress conditions the receipt of federal money on certain conditions it must to so clearly c condition must be reasonably related to the purpose underlying federal expenditure D Independent Checks on Federal Gov States Even if a regulation is within Congress s enumerated powers or a state s police power it still is unconstitutional if it collides with one of Constitution s independent checks a Incorporation 1st 14th process by which all bill of rights amendments now apply to states b Gov Action constitutions individual rights provisions apply only to gov bodies federal state local NOT to private behavior Unless performing public function traditionally exclusively reserved to state c Means Ends Tests ends how significant social purpose must be in order to justify restriction of a right means how effectively challenged law must promote purpose to be constitutional a rational basis test RELAXED gov action need only have a reasonable relation to achievement of a legitimate gov purpose to be constitutional Due process equal protection freedom of speech b Intermediate Scrutiny commercial speech only if not false or misleading A test that resembles sexual discrimination example cited in book c Full Strict Scrutiny RIGOROUS ie Political speech challenged law must be necessary to fulfillment of a compelling gov purpose Gov action that is subjected to this test is usually shut down E Business First Amendment Congress shall make no law abridging freedom of speech Although it is not actually absolute gov action restricting content of speech receives very strict judicial scrutiny This high level of protection is the marketplace rational under which free competition of ideas is seen as surest means of attaining truth Political Other Noncommercial Speech 1st amendment protects political speech core of 1st A as well as other noncommercial speech such as literary or artistic scientific economic educational ethical other forms that deal with matters of public interest Gov action attempting to restrict such speech receives full strict scrutiny Corporations engaging in this type of speech receive full 1st Amendment protection Commercial Speech Generally defined as speech that proposes a commercial transaction not necessarily one that has an underlying profit motive like selling magazines Commercial speech receives an intermediate level of 1st Amendment protection if it deals with a lawful activity is not misleading if it misleads or promotes an illegal activity it receives no protection Under still controlling test a gov restriction of protected commercial speech is not a violation of 1st Amendment if a a substantial gov b interest underlies restriction any interest connected to public health safety or welfare will suffice restriction directly advances underlying interests c restriction is no more extensive then necessary to further the interest section b c above are more difficult for gov to prove alch labels beer advertisements gambling Fit problems F Due Process 5th 14th Amendments Due process must be given when depriving a person of life liberty or property a Procedural Due Process procedures gov must follow when taking life liberty or property a Entitled to adequate notice of gov action b fair trial or hearing before action can occur Govs can take action without a fair trial in a state of emergency b Substantive Due Process max hours on bakery Deal with substantive law rules that set st ards of behavior for organized social life marry contraception have kids etc State X makes adultery a crime allows conviction w o trial Arguments that adultery should not be a crime go to substance of statute whereas objections to lack of a trial are procedural in nature G Equal Protection 14th Amendment No State shall deny to any person equal protection of law applies to classifying distinguishing ppl basic means ends test used to determine constitutionality of laws infringing on equal protection is rational basis test a However laws that discriminate regarding fundamental rights or suspect classes must undergo a test of stricter scrutiny a Fundamental Rights a certain criminal procedure protections b right to vote c right to engage in interstate travel b Suspect Classes a Race national origin classifications disadvantaging racial or national minorities receive most rigorous kind of scrutiny are almost always unconstitutional b Alienage classifications based on one s status as an alien Also receive strict scrutiny but st ard is not as tough as full strict
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