Constitutional Law Class Notes

Constitutional Law Class Notes

• Constitution Structure and Purpose:

  • Articles: Defines powers of different branches of government (Legislative, Executive, Judicial)
  • Article I: Legislative powers (Congress)
  • Article II: Executive powers (President)
  • Article III: Judicial powers (Supreme Court and lower courts)
  • Article IV: Relations among states.
  • Article V: Amendment process.
  • Article VI: Supremacy Clause; federal law is supreme.
  • Article VII: Ratification process.
  • Separation of Powers: Checks and balances among the three branches of government (Legislative-Enacts laws; Executive-Enforces laws; Judicial-Interprets laws).

• Key Clauses:

  • Commerce Clause (Article I, Section 8, Clause 3): Congress regulates interstate commerce.
  • Necessary and Proper Clause (Article I, Section 8, Clause 18): Allows Congress to make laws needed to carry out its enumerated powers.
  • Supremacy Clause (Article VI): Federal law overrides state law.

• Judicial Review:

  • Marbury v. Madison (1803): Established judicial review; courts can strike down laws that conflict with the Constitution.
  • Limits on Judicial Review: Political questions doctrine, standing, ripeness, and mootness.

• Federalism:

  • Division of Powers: Federal government is limited to enumerated powers; States retain powers not delegated to the federal government (10th Amendment).
  • Supreme Court Cases on Federalism:
    • McCulloch v. Maryland (1819): Congress has implied powers under the Necessary and Proper Clause; States cannot tax federal institutions.
    • Gibbons v. Ogden (1824): Broad interpretation of the Commerce Clause; federal law governs interstate commerce.

Individual Rights and the Bill of Rights

• Incorporation Doctrine: 14th Amendment's Due Process Clause applies most Bill of Rights protections to the states.

• Selective Incorporation: Only fundamental rights are incorporated.

• First Amendment:

  • Freedom of Speech (Protected: Political speech, symbolic speech; Limits: Obscenity [Miller test], incitement to violence)
  • Freedom of Religion (Establishment Clause: Government cannot establish a religion; Free Exercise Clause – Protects religious practices with some limits)

• Second Amendment: Right to bear arms.

• Fourth Amendment: Protects against unreasonable searches and seizures (Requires probable cause and, generally, a warrant).

• Fifth Amendment: Due process, just compensation.

• Fourteenth Amendment: Equal Protection Clause; prohibits discrimination by the government; Substantive Due Process: Protects fundamental rights not explicitly mentioned in the Constitution.

Constitutional Interpretation

• Theories of Constitutional Interpretation: Originalism (focus on framers' intent); Living Constitution (adapts to modern circumstances); Textualism (interpretation solely based on the text).
• Additional Notes: Amendment Process: Two-thirds of both houses of Congress propose an amendment, ratified by three-fourths of state legislatures or conventions.
• Modern Controversies: Limits of executive power (War Powers Act), voting rights, and gerrymandering.