Constitutional Law - Comprehensive Notes

Overview
Constitutional law governs the interpretation and application of the U.S. Constitution, including the
structure of government, individual rights, and the relationship between federal and state governments.

Constitutional Framework

Separation of Powers
Legislative Branch: Congress (Article I) - makes laws
Executive Branch: President (Article II) - enforces laws

Judicial Branch: Supreme Court and federal courts (Article III) - interprets laws
Checks and Balances: Each branch can limit the others' power

Federalism
Dual Sovereignty: Federal and state governments have separate spheres of authority

Supremacy Clause: Federal law trumps conflicting state law

10th Amendment: Powers not delegated to federal government reserved to states

Commerce Clause: Primary source of federal regulatory power

Congressional Powers (Article I, Section 8)

Enumerated Powers
Commerce Clause: Regulate interstate commerce
Taxing Power: Lay and collect taxes

Spending Power: Spend for general welfare

Necessary and Proper Clause: Make laws necessary to execute enumerated powers

War Powers: Declare war, raise armies, maintain navy

Commerce Clause Jurisprudence

Pre-1937: Narrow interpretation limiting federal power

1937-1995: Broad interpretation allowing extensive federal regulation

1995-Present: Some limits reimposed (Lopez, Morrison cases)

Three Categories of Commerce Power

1. Channels of interstate commerce (highways, airways, waterways)
 2. Instrumentalities of interstate commerce (trucks, planes, ships)
3. Activities substantially affecting interstate commerce

Spending Power
Conditional Spending: Congress can attach conditions to federal funds
Limitations: Conditions must be clearly stated, related to federal interest, not coercive

Executive Powers (Article II)

Express Powers
Commander in Chief: Military authority
Appointment Power: Nominate federal judges and executive officers

Pardon Power: Grant pardons for federal crimes

Veto Power: Reject congressional legislation

Take Care Clause: Ensure faithful execution of laws

Implied Powers
Executive Privilege: Confidentiality of executive communications (limited)

Emergency Powers: Respond to national emergencies

Foreign Affairs: Conduct diplomatic relations

Presidential Immunity
Official Acts: Absolute immunity for official presidential actions

Unofficial Acts: No immunity for personal conduct

Executive Privilege: Qualified privilege that may yield to judicial needs

Judicial Powers (Article III)

Federal Court System

Supreme Court: Final arbiter of constitutional questions

Courts of Appeals: Intermediate appellate courts

District Courts: Federal trial courts

Specialized Courts: Tax Court, Court of Claims, etc.

Judicial Review
Marbury v. Madison (1803): Established judicial review power
Constitutional Questions: Courts can declare laws unconstitutional
 Statutory Interpretation: Courts interpret meaning of statutes

Justiciability Doctrines
Standing: Plaintiff must have injury in fact, causation, redressability

Ripeness: Case must present current, not hypothetical, controversy

Mootness: Live controversy must exist throughout litigation

Political Question: Some issues are for political branches to resolve

Individual Rights

Bill of Rights (First 10 Amendments)

Originally applied only to federal government, now incorporated against states through 14th
Amendment

First Amendment - Freedom of Speech

Protected Speech

Political Speech: Highest level of protection

Commercial Speech: Intermediate protection

Symbolic Speech: Protected if expressive conduct

Unprotected Speech

Incitement to Lawless Action: Brandenburg test - imminent lawless action

Fighting Words: Words likely to provoke immediate violent reaction

True Threats: Serious expression of intent to commit violence

Obscenity: Miller test - appeals to prurient interest, patently offensive, lacks serious value

Time, Place, and Manner Restrictions

Public Forums: Strict scrutiny for content-based restrictions

Limited Public Forums: Viewpoint neutral restrictions allowed

Non-Public Forums: Reasonable restrictions allowed

First Amendment - Freedom of Religion

Establishment Clause

Lemon Test: Purpose, effect, and entanglement analysis

Endorsement Test: Government cannot endorse religion

Coercion Test: Government cannot coerce religious participation

Free Exercise Clause

Belief vs. Conduct: Absolute protection for beliefs, qualified protection for conduct
Neutral Laws of General Applicability: Usually constitutional (Employment Division v. Smith)

Religious Freedom Restoration Act: Higher protection for federal actions

Fourth Amendment - Search and Seizure

Warrant Requirement

Probable Cause: Reasonable belief that crime committed and evidence will be found

Particularity: Warrant must describe place and items to be searched

Exceptions: Exigent circumstances, consent, search incident to arrest, automobile exception

Exclusionary Rule

Fruit of Poisonous Tree: Evidence obtained illegally is excluded

Exceptions: Independent source, inevitable discovery, attenuation

Fifth Amendment
Self-Incrimination: Right to remain silent

Double Jeopardy: Cannot be tried twice for same offense

Due Process: Fundamental fairness in legal proceedings

Takings Clause: Government cannot take private property without just compensation

Sixth Amendment - Right to Counsel

Gideon v. Wainwright: Right to appointed counsel in felony cases

Effective Assistance: Counsel must provide adequate representation

Miranda Rights: Warnings required for custodial interrogation

Eighth Amendment
Cruel and Unusual Punishment: Proportionality principle

Death Penalty: Not per se unconstitutional but subject to strict procedures

Excessive Bail: Bail cannot be excessive relative to offense

Equal Protection (14th Amendment)

Levels of Scrutiny

Strict Scrutiny

Trigger: Suspect classifications (race, national origin, alienage) or fundamental rights

 Test: Compelling government interest, narrowly tailored means
Result: Usually fatal to challenged law

Intermediate Scrutiny

Trigger: Quasi-suspect classifications (gender, illegitimacy)

Test: Important government interest, substantially related means

Result: Often fatal but some laws survive

Rational Basis

Trigger: All other classifications

Test: Legitimate government interest, rationally related means

Result: Usually upheld unless completely irrational

Suspect Classifications
Race: Always subject to strict scrutiny

National Origin: Strict scrutiny

Alienage: Generally strict scrutiny (exceptions for political functions)

Fundamental Rights
Voting Rights: One person, one vote principle

Travel Rights: Right to interstate travel

Privacy Rights: Reproductive rights, family relationships

Substantive Due Process (14th Amendment)

Economic Due Process

Lochner Era (1897-1937): Court struck down economic regulations

Post-1937: Rational basis review for economic regulations

Fundamental Rights
Privacy Rights: Contraception, abortion, sexual conduct

Family Rights: Marriage, child-rearing, extended family living

Right to Die: Limited recognition

Methodology Debate
Originalism: Constitution's meaning fixed at time of ratification

Living Constitution: Constitution's meaning evolves with society

Federal Preemption

Express Preemption
Congress explicitly states intent to preempt state law

Courts look to language and scope of preemption clause

Implied Preemption

Field Preemption

Federal regulation so comprehensive that Congress intended to occupy entire field

Immigration law is example of field preemption

Conflict Preemption

Direct Conflict: Impossible to comply with both federal and state law
Obstacle Preemption: State law stands as obstacle to federal objectives

Commerce Clause and State Regulation

Dormant Commerce Clause

States cannot discriminate against or unduly burden interstate commerce even without federal regulation

Discrimination Analysis

Facially Discriminatory: Strict scrutiny - law must serve compelling state interest

Facially Neutral: Pike balancing test - benefits must outweigh burdens on interstate commerce

Exceptions

Market Participant: States can discriminate when acting as market participant

Traditional State Functions: Some traditional state functions receive deference

Civil Rights Legislation

Reconstruction Amendments
13th Amendment: Abolishes slavery
14th Amendment: Equal protection and due process

15th Amendment: Voting rights regardless of race

Modern Civil Rights Laws

Civil Rights Act of 1964: Prohibits discrimination in public accommodations, employment
Voting Rights Act of 1965: Protects voting rights
 Fair Housing Act of 1968: Prohibits housing discrimination

Section 1983 Claims

42 U.S.C. § 1983: Private right of action for constitutional violations under color of state law

Qualified Immunity: Government officials immune unless clearly established law violated

Constitutional Interpretation

Methods of Interpretation
Textualism: Focus on plain meaning of constitutional text
Originalism: Original meaning or original intent

Precedent: Stare decisis and following prior decisions

Prudential Considerations: Practical consequences of decisions

Moral Reading: Constitution embodies moral principles

Levels of Constitutional Review

Strict Scrutiny: Compelling interest, narrowly tailored
Intermediate Scrutiny: Important interest, substantially related

Rational Basis: Legitimate interest, rationally related

This comprehensive overview covers the major doctrines and principles of constitutional law essential for
understanding how the Constitution structures government and protects individual rights.