Constitutional Law Structure and Purpose

Constitutional Law: Structure and Purpose

• The Constitution is comprised of seven articles outlining legislative, executive, and judicial powers, state relations, amendment procedures, and ratification.

• Article I establishes Congressional powers.

• Article II details Presidential powers.

• Article III outlines Supreme Court and lower court powers.

• Article IV addresses relations among states, including full faith and credit.

• Article V details the amendment process.

• Article VI establishes the Supremacy Clause, stating federal law is supreme.

• Article VII describes the ratification process.

Separation of Powers

• The Constitution divides governmental power among three branches: legislative, executive, and judicial.

• Legislative branch enacts laws.

• Executive branch enforces laws.

• Judicial branch 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): Congress can make laws necessary to exercise enumerated powers.

Judicial Review

• Marbury v. Madison (1803): Established Judicial review, granting courts the authority to overturn laws conflicting with the Constitution.

• Limits on Judicial Review: Political questions doctrine, standing requirements (concrete injury), ripeness and mootness.

Federalism

• Division of Powers: Federal government's powers are limited to enumerated powers, with states retaining powers not delegated.

• Supreme Court Cases:

  • McCulloch v. Maryland (1819): Congress has implied powers under Necessary and Proper Clause; states cannot tax federal institutions.
  • Gibbons v. Ogden (1824): Broad interpretation of Commerce Clause.

Individual Rights and the Bill of Rights

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

• First Amendment: Protects freedom of speech (with limits), freedom of religion (Establishment and Free Exercise Clauses).

• Second Amendment: Right to bear arms.

• Fourth Amendment: Protection against unreasonable searches and seizures.

Equal Protection and Due Process

• 14th Amendment: Equal Protection Clause prohibits government discrimination.

• Substantive Due Process: Protects fundamental rights not explicitly mentioned.

• Levels of Scrutiny: Rational basis, intermediate, and strict scrutiny tests used to evaluate government actions.

Major Constitutional Law Cases

• Brown v. Board of Education (1954): Overturned Plessy v. Ferguson, declaring state-sponsored segregation in public schools unconstitutional.

• Roe v. Wade (1973): Established a woman's right to an abortion based on the right to privacy.

• United States v. Lopez (1995): Limited Congress's power under the Commerce Clause; Struck down the Gun-Free School Zones Act.

Theories of Constitutional Interpretation

• Originalism: Focuses on the original meaning or intent of the framers.

• Living Constitution: Adapts the Constitution to modern circumstances.

• Textualism: Interpretation based solely on the text of the Constitution.

Amendment Process

• Amendments are proposed by two-thirds of Congress and ratified by three-fourths of states.

Modern Controversies

• Limits of executive power, voting rights, and gerrymandering.

Explore the foundational aspects of Constitutional Law, focusing on the structure and purpose outlined in the Constitution. This quiz covers the roles of the three branches of government and key clauses that define their powers. Assess your understanding of the articles and principles that guide the legal framework of the United States.