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

– Executive Branch

– Judicial Branch

• Separation of Powers

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?

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?

Commerce Clause

• Across state lines

• Affectation Doctrine

Protection of Individual Liberties

• Bill of Rights– First ten amendments to the Constitution

Due Process/ Equal Protection

Due Process

“Cannot deprive any person of life, liberty or property without due process of law”

Equal Protection

“Cannot deny to any person equal protection of the laws”

Due Process

• Procedural– notice and a hearing

• Substantive– government cannot interfere with fundamental

rights

Equal Protection

• Does government action result in discrimination against a class of persons?