Ch.4 Constitutional Law

Reasonable Restrictions to the first amendment

- Balance between a government's obligation to protect its citizens versus a citizen's right to speech -If restriction is content neutral, restrictions must target some societal problem - not to primarily suppress the message.

Commercial Speech

- Courts give substantial protection to commercial speech (advertising) - Restrictions must: Implement substantial government interest; directly advance that interest; and go no further than necessary -Bad frog Brewery, Inc V. New York state liquor authority (1998)- court ruled in favor of the beer company

Importance of 5th and fourteenth amendments

- Fifth and fourteenth amendments provide " no person shall be deprived of life, liberty or property without due process of law

Bill of rights

- First ten amendments to the constitution - Apply to natural persons and most apply to business entities as well -Protections for people from the government - Originally intended to limit national gov powers - Today, Bill of rights is applied to states via the "due process" clause of the 14th amendment

Supremacy Clause

- In case of direct conflict between state and federal law, state law is invalid - A valid federal statute or regulation will take precedence over a confliction state or local statute

Commerce Clause today

- National government can regulate virtually any business enterprise, including those that are internet based. - limits: U.S v Lopez (1995)- Gun law about school has nothing to do with interstate commerce - state police powers or regulations that substantially interfere with interstate commerce will be struck down - Family Winemakers of California V. Jenkins(2010)- mass discriminated against out of state wineries

Corporate Political Speech

- Political speech by corporations is protected by the first amendment - In citizens united v Federal Election commission (2010) the Supreme Court ruled that corporations can spend freely to support or oppose candidates for President or Congress

The Commerce Clause

- Power to regulate interstate commerce defined in Gibbons v. Ogden (1824): activities that "substantially affect interstate commerce."

Separation of power

- Three branches that provide checks and balances - Legislative (congress): create laws -Executive (president/agencies): Enforce laws - Judicial (Federal Courts): Interpret laws

Freedom of Religion

- government may not "establish" a religion or prohibit the free exercise of religion - The Establishment clause: bars government from establishing a state sponsored religion, or passing laws that favor one over the other

Federal form of government

- shares power between national and state governments - national government has enumerated powers delegated from the states

Privacy Rights

-Fundamental right not expressly found in the constitution, but derived from the first, fifth, and fourteenth amendments -"pretexting" for financial information is illegal under gramm leach Bliley- control the ways that financial institutions deal with the private information of individuals. - Privacy Act of 1974- -Medical Information: HIPAA of 1996 - USA PATRIOT Act of 2001

First Amendment

-Guarantees the freedom of religion, speech, and the press and the rights to assemble peacefully and to petition the gov - Afforded the highest protection by courts -Symbolic speech: Texas v Johnson (1989)- flag burning case

Expansion of national powers

-In 1942, Supreme Court expanded commerce clause to purely interstate businesses (Wickard v. Filburn). Wheat farming could affect interstate commerce -In 1964, Supreme Court prohibited racial discrimination in interstate commerce (Heart of Atlanta Motel v. U.S.).

Procedural Due process

-Procedures depriving and invidual of her rights must be fair and equitable - Constitution requires adequate notice and a fair and impartial hearing before a disinterested magistrate

10th amendment

-any power that is not given to the federal government is given to the people or the states. - Police Powers: order, safety, morals

Unprotected Speech

-slander -libel -fighting words -pornography -obscenity (miller V. California)- miller distributed porn through mail, not protected - online obscenity, Children's internet protection Act (2000)

Trunk v. City of San Diego(2011)

40 foot cross violated the 1st amendment

Gramm-Leach-Bliley Act of 1999

Control the ways financial institution deal with the private information of individuals

Kelo v. City of New London

Eminent domain case. Gov has the power to force the sale of private property with the goal of economic development

Substantive Due process

Focuses on content or substance of legislation - laws limiting fundamental rights (speech, privacy, religion) must have a compelling state interest

Gibbons v. Ogden

Gibbons v. Ogden, 22 U.S. (9 Wheat.) 1 (1824), was a landmark decision in which the Supreme Court of the United States held that the power to regulate interstate commerce, granted to Congress by the Commerce Clause of the United States Constitution, encompassed the power to regulate navigation.

Third amendment

No quartering of soldiers in peacetime without consent

Ninth amendment

People have rights in addition to those specified in the constitution

Tenth Amendment

Powers not delegated to the federal government and not prohibited to the states belong to the states and the people

Eighth Amendment

Prohibits excessive bail and fines, as well as cruel and unusual punishment

Fifth amendment

Right to be indicted by grand jury, due process of law, and fair payment when private property is taken for public use. Prohibits compulsory self incrimination and doubly jeapordy

Second Amendment

Right to bear arms

Seventh Amendment

Right to trial by jury in a civil case involving as least twenty dollars

Commerce clause

The Commerce Clause refers to Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives Congress the power "to regulate commerce with foreign nations, and among the several states, and with the Indian tribes

Patriot Act (2001)

The USA Patriot Act was passed by Congress as a response to the terrorist attacks of September 11, 2001. The Act allows federal officials greater authority in tracking and intercepting communications, both for purposes of law enforcement and foreign intelligence gathering.

Sixth amendment

The right to a speedy and public trial by an impartial jury and with counsel. Has the right to call witnesses and cross examine opposing witnesses

Fourth amendment

Unreasonable searches and seizures of persons or property

Privacy Act of 1974

establishes a code of fair information practices that governs the collection, maintenance, use, and dissemination of information about individuals that is maintained in systems of records by federal agencies.

HIPAA of 1996

is United States legislation that provides data privacy and security provisions for safeguarding medical information.