Constitutional Principles ⚖️
This doctrine is the idea that a higher authority of law will displace the law of a lower authority of law when the two authorities come into conflict.
Pre-emption
Follow-Up: Where can we find this doctrine in the Constitution?
How do the articles distribute power to different branches of government?
Article I: Congress
Article II: Executive
Article III: Courts
Follow-up: what do these powers look like? What do the branches do?
This forces law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner's continued confinement.
The writ of habeas corpus
What does the 13th Amendment do?
Abolishes slavery and involuntary servitude
Follow up: exceptions?
This is the idea, fundamental to the U.S. system of government, that the actions of the executive and legislative branches of government are subject to review and possible invalidation by the judiciary
Judicial review
This is the principle that authority flows from the people to the government
Popular sovereignty
Follow-up: what is one way the people exercise this authority?
These are are the specific powers granted to the federal government, and especially to Congress, under the U.S. Constitution.
Enumerated Powers
Follow-Up: name a couple!
This amendment ensures freedom of religion.
First amendment
Follow-up: what two clauses do this? Explain.
What does the 15th Amendment do?
Ensures that the right to vote won't be restricted on account of race or former status as enslaved person
Follow up: how did Southern states try to get around this amendment in 20th century?
According to the courts, there are three levels of "classification" of groups of people which would trigger different levels of judicial scrutiny. What are they?
Suspect classes
Quasi suspect classes
Non-Suspect classes
Follow up: Give examples!
According to this doctrine, a government must apply its laws fairly and cannot treat people differently without a valid reason. Individuals in similar situations should be treated alike under the law.
Equal Protection
Under this system of government, the same territory is controlled by two levels of government.
Federalism
Follow-up: why is US federalism often called "marble cake federalism"?
Follow-up-up: what are some pros and cons of federalist governance?
According to this amendment, the government cannot subject people to cruel and unusual punishment
The Eighth Amendment
Follow-up: give examples of how this has been controversial
According to this clause, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."
Citizenship Clause of the 14A
Follow-Up: what type of citizenship does this ensure?
Follow-up-up: what case did the 14A repudiate?
According to the courts, the federal government can pass a discriminatory law under the following conditions:
1. There is a compelling government interest
2. The law is narrowly tailored to impact the fewest people possible
3. There were no less restrictive means available to satisfy #1
Follow-up: what are come examples of compelling government interest?
To whom in the US do the Constitution's protections and powers apply?
Everyone.
Follow-up: How do we know?
What are some concurrent powers of the states and federal government?
According to the Third Amendment, the federal government cannot...
...force you to house and feed soldiers.
Follow-up: what right is implied by this protection?
How did the civil rights amendments impact federal vs state authority?
The civil rights amendments (13th, 14th, 15th) fundamentally shifted power from states to the federal government by prohibiting states from violating basic rights and granting Congress authority to enforce these protections.
Follow-up: why was this important during reconstruction? Why is it important now?
According to the courts, these rights might not be explicitly stated in the Constitution...but they are derived from rights explicitly named in the Constitution.
Penumbral rights
Follow up: give an example!
This Constitutional principle ensures that no person shall be "deprived of life, liberty or property"
Due Process
Follow-up: in which amendments can this principle be found?
How is US law enforced?
Through the Executive Branch
Follow up: how?
These powers are the fundamental ability of a government to enact laws to coerce its citizenry for the public good, but is limited by some civil liberties
Police powers
Follow-up: what do state police powers consist of?
If a law violates the civil rights of a racialized group, what level of scrutiny must the Court apply to the law?
Strict scrutiny
According to the courts, speech can only be regulated/restricted by the government when it does two things...
Follow-up: what's this test called?