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Constitutional Law-

Constitutional Law-. Functions of the Constitution . Provides the Structure of Government Establishes Federalism Provides for the Regulation of Business Protects Individual Liberties Bill of Rights Due Process Equal Protection. Structure of Government. Legislative Branch

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Constitutional Law-

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Presentation Transcript

  1. Constitutional Law-

  2. Functions of the Constitution • Provides the Structure of Government • Establishes Federalism • Provides for the Regulation of Business • Protects Individual Liberties • Bill of Rights • Due Process • Equal Protection

  3. Structure of Government • Legislative Branch • Executive Branch • Judicial Branch • Separation of Powers

  4. Federalism • Refers to the allocation of power between the federal and state governments • Federal government - Enumerated Powers • State Government - Everything else (10th Amendment and Police Powers) • In the event of conflict, which one wins and why?

  5. Commerce Clause • “Congress has power . . . To regulate Commerce with foreign nations, and among the several states, and with the Indian tribes . . .” • Article I, §8 • how does this both empower and limit the federal and state governments?

  6. Commerce Clause • Across state lines • Affectation Doctrine

  7. Protection of Individual Liberties • Bill of Rights • First ten amendments to the Constitution

  8. Due Process/ Equal Protection

  9. Due Process • Procedural • notice and a hearing • Substantive • government cannot interfere with fundamental rights

  10. Equal Protection • Does government action result in discrimination against a class of persons?

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