Chapter 4: Constitutional Law
Chapter 4: Constitutional Law BLW 201
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This 4 page Class Notes was uploaded by Shannon Panagopoulos on Thursday January 14, 2016. The Class Notes belongs to BLW 201 at DePaul University taught by Daniel T. Gillespie in Winter 2016. Since its upload, it has received 12 views.
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Date Created: 01/14/16
Chapter 4: Constitutional Law A. Basic Principles of Constitutional Law B. Powers of Government C. Limitations On Government Branches: Executive, judicial, legislative A. Basic Principles Federalism: the division of governing power between the Federal government and the States Federal Supremacy: Federal law takes precedence over conflicting State law Federal Preemption: right of the federal government to regulate matters within its power to the exclusion of regulation by the States Judicial Review: examination of governmental actions to determine whether they conform to the US constitution Ex: Marbury vs Madison Separation of Powers: allocation of powers among executive, legislative and judicial branches of government State Action: actions of governments (fed. Or state) to which constitutional provisions apply Separation of Powers: Checks and Balances B. Powers of Government Federal Commerce Power: exclusive power of the Federal government to regulate commerce with other nations among the States State Regulation of Commerce: the commerce clause of the Constitution that restricts the States’ power to regulate activities if the result obstructs interstate commerce Federal Fiscal Powers: Taxation and Spending: the Constitution grants Congress broad powers to tax and spend; such powers are important to Federal regulation of the economy Borrowing and Coining Money: enables the Federal government to establish a national banking system and to control fiscal and monetary policy Eminent Domain: the government’s power to take private property for public use with the payment of just compensation C. Limitations on Government Contract Clause: restricts States from retroactively modifying contracts Freedom of Speech: First Amendment protects most speech Corporate Political Speech: a corporation’s right to speak out on political issues Commercial Speech: expression related to the economic interests of the speaker and its audience; receives a lesser degree of protection Defamation: a tort consisting of a false communication that injures a person’s reputation; receives limited constitutional protection Due Process: Fifth and Fourteenth amendments prohibit the Fed and State governments from depriving any person of life, liberty, or property without due process of law Substantive Due Process: determination of whether a particular governmental action is compatible with individual liberties Procedural Due Process: requires the governmental decisionmaking process to be fair and impartial if it deprives a person of life, liberty, or property Equal Protection: requires that similarly situated persons be treated similarly by governmental actions Rational Relationship Test: standard of review used to determine whether economic regulation satisfies the equal protection guarantee Strict Scrutiny Test: exacting standard of review applicable to regulation affecting a fundamental right or involving a suspect classification (e.g. race) Intermediate Test: standard of review applicable to regulation based on gender and legitimacy Limitations upon Government Legislative: Congress: Senate, House Executive: President and Vice President Judicial: The Supreme Court of the U.S.
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