Constitutional Law Jody Blanke Professor of Computer Information

Constitutional Law Jody Blanke Professor of Computer Information Systems and Law

The Constitution o Separation of Powers n Art. 1 – The Legislative Branch n Art. 2 – The Executive Branch n Art. 3 – The Judicial Branch o Checks and Balances

The Enumerated Powers Clause o Art. 1 Sec. 8 of the Constitution o Authorizes Congress n n n n to collect taxes to coin money to establish a postal system to raise and support Armies to provide and maintain a Navy to regulate interstate commerce to protect the writings of authors and the discoveries of inventors

Preemption o If Congress is authorized to make law, and does so with the intent that it be the only law, that law will preempt any state law

Preemption o Figure A n Ex. FAA n Ex. Patent Act o Figure B n Ex. Cipollone (1993) n Ex. Silkwood (1984) n Ex. Federal Anti. Spam Act

1 st and 14 th Amendments o 1 st Amendment n “Congress shall make no law …” o 14 th Amendment n “No State shall make or enforce any law which shall …” o Most protections/restrictions apply to both federal and state governments

State Action o Public vs. private o The Fourteenth Amendment prohibits states from certain discriminatory behavior o Citadel case (1995) n school can have a males-only admissions policy as long as it receives no public funding o Augusta National Golf Club o Moose Lodge v. Irvis (1972) o Issuance of liquor license is not state action

Commerce Clause o The interpretation by the Supreme Court of the scope of the commerce clause has changed dramatically over the years o Early on, the interpretation was fairly broad n Gibbons v. Ogden (1824) o Congress, rather than New York, had the authority to regulate steamboats on the Hudson River

Commerce Clause o With the advent of the Industrial Revolution and Big Business, the interpretation narrowed considerably n Hammer v. Dagenhart (1918) o The Court refused to let Congress regulate with “social legislation, ” e. g. , child labor laws

Commerce Clause o New Deal legislation pushed by F. D. R. and passed by the Congress was struck down by the Supreme Court in several 5 -4 decisions n Schechter Poultry (1935) o Congress lacked the power to regulate intrastate poultry processing activity o The “Court Packing” Incident n Why not have 13 Supreme Court justices?

Commerce Clause o Supreme Court finally permits Congress to regulate intrastate activity if it effects interstate commerce (in 5 -4 decisions) n Jones of Laughlin Steel Corp. (1937) n Wickard v. Filburn (1942) o intrastate activity may have a cumulative effect on interstate commerce

Commerce Clause o Supreme Court upheld the constitutionality of the Civil Rights Act of 1964 on the basis of interstate activity n Heart of Atlanta Motel v. U. S. (1964) o motel catered to interstate travelers n Katzenbach v. Mc. Clung (1964) o restaurant served food that was part of interstate commerce

Commerce Clause o Supreme Court finally draws an outer boundary to interstate activity n U. S. v. Lopez (1995) o Gun-Free School Zone Act n U. S. v. Morrison (2000) o Violence Against Women Act

Dormant Commerce Clause o State laws cannot unduly burden interstate commerce o Georgia would not be able to require all restaurants in the state to serve only dairy products from Georgia dairy farms o Maine v. Taylor (1986) n But, Maine was permitted to ban the importation of live bait fish

Freedom of Speech o Political speech n great deal of protection, but not absolute o o ex. ex. dangerous speech fighting words defamation obscenity o Commercial Speech n can be regulated for aesthetics o Cincinnati v. Discovery Network (1993)

Freedom of Religion o Free Exercise Clause n great deal of protection, but not absolute o ex. human sacrifice o Establishment Clause n separation of church and state o o school prayer “In God We Trust” The Pledge of Allegiance The Ten Commandments

Equal Protection o Can a state ever pass a law that treats black people differently than white people? Rational Basis Test Strict Scrutiny Test Intermediate Scrutiny

Equal Protection o Rational Basis Test n applies if no suspect class or fundamental liberty interest is involved n i. e. , a good reason n State v. Ri-Mel (1987) o Minnesota required all for-profit health clubs to post a bond – no such requirement for not-for-profit health clubs

Equal Protection o Strict Scrutiny Test n applies if a suspect class or fundamental liberty interest is involved, e. g. , race or religion n there must be a “compelling state interest” n i. e. , a very, very good reason n Affirmative action o Grutter v. Bollinger (2003) – U. Mich. Law School o Gratz v. Bollinger (2003) - undergraduate

Equal Protection o Intermediate Level Scrutiny n applies to protected class, i. e. , not quite a suspect class, e. g. , gender or age n classification must be “reasonably related” to legitimate government purpose n i. e. , a very, very good reason n Craig v. Boren (1976) o Oklahoma law prohibited the sale of 3. 2% beer to males under 21 and females under 18 o. 18% of females and 2% of 18 -20 -year olds were arrested for DUI