Constitutional Law Sample Essay

I. The Constitutional Powers of Government 1789
I. A Federal Form of Government- national authorities and the provinces portion autonomous power ? National gov’t has the implied power
? All other powers are reserved for provinces under 10th amend • Regulate personal businesss with in lodgers
? Police Powers- regulate private activities to advance the public order. wellness. safety. ethical motives. and general public assistance

two. Relationss Among the States
? The Privileges and Immunities Clause- Citizens of each province shall be entitled to all Privaileges and Immunities of citizens in several provinces • Prevents provinces from enforcing unreasonable loads to people from another province • Must hold a good grounds to handle person otherwise ? The Full Faith and Credit Clause-

• ensures that rights established under workss. contracts. will be honord by other provinces • ensured any judicial determination with regard to such belongings rights will be honored and enforced in all provinces iii. The Seperation of the National Government’s Power

? Checks and Balance- Three subdivisions of authorities to do certain non one has all the power • Ex ) The Legislative Branch ( Congress ) can ordain a jurisprudence but prez can blackball • Ex ) Executive Branch responsible for foreign personal businesss but needs consent of senate four. The Commerce Clause- permits Congress to modulate interstate commercialism among provinces ? Can modulate within a province if the commercialism well affects the commercialism of more than one province v. The Supremacy Clause and Federal Preemption

? Supremancy Clause- Federal Law’s over regulation province Torahs ? Preemption- When a federal legislative act or ordinance will take precedency over a conflicting province or local jurisprudence six. Taxing and Spending Powers

? –Congress has the power to put and roll up revenue enhancements. responsibilities. ? requires that all provinces are taxed the same
? gives congress passing power to pay debts and supply defence and common public assistance of the state II. Business and The Bill of Rights
I. Bill of Rights- 1791 series of protections for the person against assorted types of intervention by the federal authorities two. Limits of Federal and State Governmental Actions
? 14th amendment- both ferine and province Torahs can non interfere with a individuals life. autonomy. or belongings without the dues procedure jurisprudence three. Freedom of Speech
? Symbolic speech- includes gestures. motions. articles of vesture are all protected by the freedom of speech ? Reasonable Restrictions-
• Oral. written. or symbolized behavior are capable to limitations ? Corporate Political Speech
• Protects companies so they can do parts to political runs ? Commercial Speech-advertising and selling made by concerns that involve merely their commercial involvements • Must seek to implement a authorities involvement

• Directly progress that involvement
• Must travel no farther than necessary to carry through its nonsubjective ? Unprotected Speech
• Threatening address. erotica. contending words ( likely to motivate others to react violently ) • Can non harm the repute of another ( must be an averment of fact and non merely sentiment ) • Obscene Speech trial

o Average individual finds it violates community criterions
O Entreaties to an involvement in sex
o Offensive sexual behavior
O Lacks literary artistic political or scientific virtue
• Online Obscenity
O Filtering Software
o Meta Tags
four. Freedom of Religion
? Gov’t may neither set up any faith nor forbid the free exercising of spiritual patterns ? The Establishment Clause- prohibits the gov’t from set uping a province sponsored faith. or base on balls Torahs that promote or aid faith or show penchant for one faith over another ? Free Exercise Clause- you can keep any spiritual beliefs that you want v. Searches and Seizures 4th amendment

? Search Warrant- before seeking or prehending private belongings ? Must convince justice that they have sensible evidences. or likely cause • Probable cause- officers must hold trust worthy trusty grounds • A warrant must depict what is being searched or seized six. Self Incrimination 5th amendment

? No individual shall be compelled in any condemnable instance to be a informant for them self ? An accused individual can non be forced to give testimony that might subject them to any condemnable prosecution III. Due Process and Equal Protection

I. Due Procedure
? Procedural Due Process- requires that any gov’t determination to take life. autonomy. or belongings must be made equitably. must give chance for proper notice and to be heard two. Substantial Due Process

? Protects an persons life. autonomy. or belongings against certain authorities actions irrespective of the equity of the processs used to implement them ? State must hold a legitimate and compelling involvement to warrant an action to restrict a cardinal right ( travel. privateness. vote. matrimony. all first amendment rights ) iii. Equal Protection

? Gov’t can non ordain Torahs that treat likewise situated persons otherwise ? Strict Scrutiny
• When a jurisprudence of action prohibits or inhabits some individuals from exerting a cardinal right. the • Must advance a compelling province involvement
• If its based on fishy trait. must be necessary to advance a compelling authorities involvement ? Intermediate Scrutiny
• Applied to instances affecting favoritism based on gender or legitimacy • Well related to of import authorities aims • Statues of limitations- restricting the clip person can convey up a instance ? Rational Basis Test

• In affairs of economic or societal public assistance. a categorization will be considered valid if there is any imaginable rational footing to back up a authorities involvement ( nutrient carts barricading streets ) IV. Privacy Rights

I. Federal Statutes Affecting Privacy Rights
? Freedom of Information Act- allows people to obtain files of their information from the authorities ? Pretexting
• Pretext- a false motivation put away to conceal the existent motivation. and pretexting is the procedure of obtaining information by false agencies ( stating your making a study and so take peoples info for other things ) • Gramm-Leach-Bliley Act- makes pretexting illegal

? Medical Information
? USA Patriot Act
• Allows authorities to supervise electronic mail. phone calls. cyberspace and does non necessitate to supply cogent evidence of incorrect making