LSTD Ch. 5 Constitutional law

Constitunional powers of the states

Granted by 10th amendment

Within State borders

Sovereignty

Police powers

Relations among states

Privileges and immunities clause

No discrimination against citizens of other states

Ex: Arkansa citizen going to new york

Substantial reason for discrimination

Tuition

Reason: substantially related

The full faith and credit clause

Protect legal rights as you move from state to state

Nat. Gvmt'

3 Branches

Legislative

Makes laws

Executive

Enforces the laws

Judicial

Interprets the laws

Checks and balances

Dont let any branch too much power

Legislative

Veto from the president

Executive

Treaties with foreign gvmts' need senate

Judicial

Congress determines the jurisdiction of federal courts

President appoints federal judges

Consent of the senate

Judicial can held actions of the other 2 branches unconstitutional

Commerce clause

Created to avoid interfere trade and commerce among states

Nat gvmnt controls the commerce

Interstate commerce and if substantially affects commerce, within the state

Commerce power today

Curb authority

Guns and schools

State! authority

Safety

State medical marijuana doesnt insulate from federal prosecution

Dormant

Weights a certain matter against the burden of state's regulation on interstate commerce

1789

Based in

Federal form of government

Supreme law of the land

Article VI

Preemption of state laws

Congress chooses to act exclusively in an area in which the fed govmt' and states have concurrent powers

Fed. Rules over state

Congress

Power to lay and collect taxes, duties, imposts and excises

Art 1

Same taxes to all states

Spending power

Pay debts

Provide defence and general Welfare

10 Amendments

Limit federal and state government interference in individual rights

Rights are no absolute

Too broad

Freedom of Speech

Political speech

Criticize government actions

Symbolic speech

Symbols have to be respected

Fire of the American flag

Reasonable Restrictions

They can be taken away with reasonable explanation

Corporate Political Speech

Businesses cannot donate money to campaigns

Cannot express political views

Commercial Speech

Protected but not too much

State can restrict sizes, lengths...

Valid if

Directly advance that interest

No further than necessary

Seek to implement substantial gvmnt' interest

Unprotected speech

Defamatory speech

Pornography

Threatening

Fighting words

Obscene speech

Average person finds it violating standards

Obsessive

offensive

no merit

Freedom of Religion

The Establishment Clause

State cannot sponsor a religion

All religions should be treated the same

The free exercise clause

Nobody can force you to do something against your religion

Business

Person accomodates his religion to work

Searches and Seizures

They need a warrant

Probable cause

4th amendment prohibits

General warrants

exceptions

Items are likely to be removed before a warrant can be obtained

Business

Need a warrant but it is easier to find

Self-Incrimination

No auto-incrimaniton

5th amendment

Only people

Privacy rights

Not mentioned in the constitution

Due Process

Procedural due Process

Proper notice and opportunity to be heard

Substantive Due Process

You have to have a reason for limiting a fundamental right

Equal Protection

Individuals of similar groups should be treated similarly

If not

Pass the scrutiny

Strict Scrutiny

Compelling state interest

Race, national origin, citizenship status

Intermediate Scrutiny

Gender

Substantially related to important government objectives

The Rational Basis test

Economic or social welfare