LSTD Ch. 5 Constitut

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LSTD Ch. 5 Constitutional law

Due Process and Equal Protection

Equal Protection

If not

Pass the scrutiny

The Rational Basis test

Economic or social welfare

Intermediate Scrutiny

Gender

Substantially related to important government objectives

Strict Scrutiny

Compelling state interest

Race, national origin, citizenship status

Individuals of similar groups should be treated similarly

Due Process

Substantive Due Process

You have to have a reason for limiting a fundamental right

Procedural due Process

Proper notice and opportunity to be heard

Bill of Rights

10 Amendments

Privacy rights

Not mentioned in the constitution

Self-Incrimination

No auto-incrimaniton

5th amendment

Only people

Searches and Seizures

Need a warrant but it is easier to find

exceptions

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

4th amendment prohibits

General warrants

They need a warrant

Probable cause

Freedom of Religion

The free exercise clause

Business

Person accomodates his religion to work

Nobody can force you to do something against your religion

The Establishment Clause

All religions should be treated the same

State cannot sponsor a religion

Freedom of Speech

Unprotected speech

Obscene speech

no merit

offensive

Obsessive

Average person finds it violating standards

Fighting words

Threatening

Pornography

Defamatory speech

Commercial Speech

Protected but not too much

State can restrict sizes, lengths...

Valid if

Seek to implement substantial gvmnt' interest

No further than necessary

Directly advance that interest

Corporate Political Speech

Cannot express political views

Businesses cannot donate money to campaigns

Reasonable Restrictions

They can be taken away with reasonable explanation

Symbolic speech

Symbols have to be respected

Fire of the American flag

Political speech

Criticize government actions

Limit federal and state government interference in individual rights

Too broad

Rights are no absolute

Taxes

Congress

Spending power

Provide defence and general Welfare

Pay debts

Same taxes to all states

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

Art 1

Drafted in

Supreme law of the land

Article VI

Preemption of state laws

Fed. Rules over state

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

1789

Based in

Federal form of government

Constitutional powers of the gvnmt'

Nat. Gvmt'

Commerce clause

Commerce power today

Dormant

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

State medical marijuana doesnt insulate from federal prosecution

Curb authority

Guns and schools

State! authority

Safety

Interstate commerce and if substantially affects commerce, within the state

Created to avoid interfere trade and commerce among states

Nat gvmnt controls the commerce

Checks and balances

Dont let any branch too much power

Judicial can held actions of the other 2 branches unconstitutional

President appoints federal judges

Consent of the senate

Congress determines the jurisdiction of federal courts

Treaties with foreign gvmts' need senate

Veto from the president

3 Branches

Judicial

Interprets the laws

Executive

Enforces the laws

Legislative

Makes laws

Relations among states

The full faith and credit clause

Protect legal rights as you move from state to state

Privileges and immunities clause

No discrimination against citizens of other states

Reason: substantially related

Substantial reason for discrimination

Tuition

Ex: Arkansa citizen going to new york

Constitunional powers of the states

Granted by 10th amendment

Within State borders

Sovereignty

Police powers