Constitutional Concerns: Functions

1
Constitutional Concerns Functions

• Enumerated Powers -- Specific Grants of Authority
  to Federal Government
• Limits on Government Action -- Bill of Rights and
  Other Protections
• Three Main Functions
• Regulate Relationship Btwn. Government and
  Citizens
• Regulate Relationship Between Federal Govt. and
  States
• Regulate Relationship Among 3 Branches of Federal
  Govt.

2
Judicial Approaches to Constitutional Issues

• Government Action Requirement
• Balancing Tests How to Interpret the
  Constitution
• Strict Scrutiny -- Suspect Class
• Compelling Govt. Purpose
• Directly Related to Purpose
• No More Restrictive Than Necessary to Achieve
  Purpose
• Rational Basis -- Non Suspect Class
• Rational Relationship to Legitimate Govt. Purpose?

3
Enumerated Powers

• Federal Government Enumerated Powers
• Commerce Power
• Taxing and Spending Power
• Takings Power Eminent Domain
• State Government Residual Powers
• Police Power
• Taxing and Spending
• Takings Power Eminent Domain

4
Limits on Government Action

• Limits on Federal State Government
• Freedom of Speech (1st 14th Amendment)
• Freedom of Religion (1st 14th Amendment)
• 4th Amendment (No Unreasonable Searches)
• 5th Amendment (No Self-Incrimination)
• Due Process (5th 14th Amendment)
• Equal Protection (5th 14th Amendment)

5
Limits on Government Action

• Limits on State Government Only
• Contracts Clause
• Commerce Clause
• Supremacy Clause
  (Pre-emption)
• Limits on Federal Government Only
• State Sovereignty (11th Amendment)

6
The Strict Scrutiny Test

• Used when government action affects a suspect
  class or fundamental freedom
• Is the speech at issue normally protected by the
  First Amendment? (Only for speech cases)
• Is there a compelling government interest for
  government to restrict the speech?
• Is the restriction directly related to the
  governments purpose?
• Does the restriction go no further than necessary
  to achieve that government purpose?

7
Rational Basis Test

• For use where government action does not involve
  a suspect class or a fundamental freedom
• Is the government action rationally related to a
  legitimate government purpose?