Constitutional Law Class Notes PDF

**Constitutional Law Class Notes** **1. The Constitution: Structure and Purpose** - **Articles of the Constitution**: 1. **Article I**: Legislative powers (Congress). 2. **Article II**: Executive powers (President). 3. **Article III**: Judicial powers (Supreme Court and lower...

**Constitutional Law Class Notes** **1. The Constitution: Structure and Purpose** - **Articles of the Constitution**: 1. **Article I**: Legislative powers (Congress). 2. **Article II**: Executive powers (President). 3. **Article III**: Judicial powers (Supreme Court and lower courts). 4. **Article IV**: Relations among states, full faith and credit. 5. **Article V**: Amendment process. 6. **Article VI**: Supremacy Clause; federal law is the \"supreme Law of the Land.\" 7. **Article VII**: Ratification process. - **Separation of Powers**: 1. Checks and balances among the three branches. 2. Legislative: Enacts laws. 3. Executive: Enforces laws. 4. Judicial: Interprets laws. - **Key Clauses**: 1. **Commerce Clause** (Article I, Section 8, Clause 3): Congress regulates interstate commerce. 2. **Necessary and Proper Clause** (Article I, Section 8, Clause 18): Allows Congress to make laws needed to carry out its enumerated powers. 3. **Supremacy Clause** (Article VI): Federal law overrides state law. **2. Judicial Review** - **Marbury v. Madison (1803)**: - Established judicial review. - Courts have the authority to strike down laws that conflict with the Constitution. - **Limits on Judicial Review**: - Political questions doctrine. - Standing: Must have a concrete injury to bring a case. - Ripeness and mootness: The case must be ready for review and not already resolved. **3. Federalism** - **Division of Powers**: - Federal government: Limited to enumerated powers. - States: Retain powers not delegated to the federal government (10th Amendment). - **Supreme Court Cases**: - **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. **4. Individual Rights and the Bill of Rights** - **Incorporation Doctrine**: - Through the 14th Amendment\'s Due Process Clause, most Bill of Rights protections apply 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 (Brandenburg v. Ohio). - **Freedom of Religion**: - Establishment Clause: Government cannot establish a religion. - Free Exercise Clause: Protects religious practices, with some limits (Employment Division v. Smith). - **Second Amendment**: - Right to bear arms (District of Columbia v. Heller). - **Fourth Amendment**: - Protects against unreasonable searches and seizures. - Requires probable cause and, generally, a warrant. **5. Equal Protection and Due Process** - **14th Amendment**: - Equal Protection Clause: Prohibits discrimination by the government. - Substantive Due Process: Protects fundamental rights not explicitly mentioned in the Constitution (e.g., privacy, marriage). - **Levels of Scrutiny**: - **Rational Basis**: Law must be rationally related to a legitimate government interest. - **Intermediate Scrutiny**: Law must further an important government interest and be substantially related to that interest (e.g., gender discrimination). - **Strict Scrutiny**: Law must further a compelling government interest and be narrowly tailored (e.g., race, fundamental rights). **6. Major Constitutional Law Cases** - **Brown v. Board of Education (1954)**: - Overturned Plessy v. Ferguson. - Declared segregation in public schools unconstitutional under the Equal Protection Clause. - **Roe v. Wade (1973)**: - Established the right to privacy under the Due Process Clause to include a woman's right to terminate a pregnancy. - Overturned in **Dobbs v. Jackson Women's Health Organization (2022)**. - **United States v. Lopez (1995)**: - Limited Congress\'s Commerce Clause power. - Struck down the Gun-Free School Zones Act as exceeding Congress\'s authority. **7. Theories of Constitutional Interpretation** - **Originalism**: - Focus on the original meaning or intent of the framers. - Key advocate: Justice Antonin Scalia. - **Living Constitution**: - The Constitution evolves and adapts to modern circumstances. - Key advocate: Justice Stephen Breyer. - **Textualism**: - Interpretation based solely on the text of the Constitution. **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, executive orders). - Voting rights and gerrymandering (Shelby County v. Holder).