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Constitution law

The information below is NOT all inclusive of Chapter 3, but provides some additional lecture and information about some of the topics within the chapter. There are links to sources for additional information as well. Make sure you visit those sites to get that information. A basic understanding of constitutional law is important to understanding many legal concepts in this course. It is important to understand the following concepts: . Basic Structure of the US Government . Commerce Clause ? Supremacy Clause . Bill of Rights . Due Process and Equal Protection The government is separated into three branches and the system of checks and balances ensures that no one branch has too much power. The legislative branch makes the laws, the executive branch enforces the law and the judicial branch interprets the law. Each of the three branches can exercise checks over the others. The following link provides information on how the three branches of government work in the state of Iowa:

https://www.legis.iowa.gov/docs/publications/LP/696321.pdf

The Federal government has the power to regulate interstate commerce pursuant to the commerce clause. This means laws can be created that regulate businesses or activities so long as there is a showing that the business or activity affects or is related to interstate commerce. This power has been interpreted very broadly by the judicial branch over the years. After reading the Landmark in the Law case, Gibbons v. Ogden, you will see that the court described interstate commerce as any commerce that affects more than one state. One of the ways the government utilized the commerce clause was by way of the Civil Rights Act of 1964. That act prohibited racial discrimination in "establishments affecting interstate commerce" which included places of public accommodation. The owner of the Heart of Atlanta motel challenged this law claiming that Congress had exceeded its constitutional authority by enacting this law. Ultimately the Supreme Court ruled that because their business affected interstate commerce the government is able to enact laws that regulate their business.

The Constitution, laws, and treatises of the United States are the supreme law of the land. This means that anytime there is a conflict between state and federal laws, the federal law trumps the state law. How is it then that states like Colorado have been able to enact laws providing for the recreational use of marijuana in violation of the federal laws? If there were a challenge, the Supremacy Clause would require the federal laws to win. However, the government has taken a stance on this issue that they are choosing not to enforce their laws. As long as the federal laws remain, there is a chance that their policy on the issue could change and in that case t Supremacy Clause would take effect.

FIRST AMENDMENT:

SUPREMACY CLAUSE:

The First Amendment to the Constitution guarantees your freedoms of speech, religion, press, peaceably assemble, and to petition the government. Freedom of speech includes far more than just words spoken out of your mouth, but it does not mean you have the right to say ANYTHING you want. Freedom of religion also has limits as do all of our rights. Nothing is absolute.

FREEDOM OF SPEECH:

Freedom of speech includes words spoken and written and also includes symbolic speech. Your individual freedom of speech will be protected to the fullest extent possible with some reasonable restrictions. If a law limits WHAT you are going to say, the limit must have a compelling government interest that can be advanced ONLY by that law. The following is a link to the Tinker vs. City of Des Moines School District. Read this case for an understanding of how symbolic speech is protected even in a public school. https://www.law.cornell.edu/supremecourt/text/393/503 Also here is a link to a short podcast about the case. Follow this link and listen to the podcast. http://www.uscourts.gov/about-federal-courts/educational-resources/supreme-court-landmarks/tinker-v-des moines-podcast

Freedom of Commercial Speech has different rules that apply. There can be laws that limit what businesses say as long as the restriction meets a three part test: (1) it seeks to implement a substantial government interest, (2) it directly advances that interest, and (3) it goes no further than necessary to accomplish its objective. Read the case summary of the Bad Frog Brewery case to get an understanding of how a restriction of commercial speech is interpreted by the court.

FREEDOM OF RELIGION:

There are two parts to freedom of religion: Establishment Clause and the Free Exercise Clause. Under the Establishment Clause, the government cannot establish a state sponsored religion. The Free Exercise Clause guarantees a person the right to hold whatever religious helief you want or none at all http://an Uuscourts novleducational resources/educational activities/first.amondiment.and-religion Follow this link to read information on how the courts have interpreted these provisions of the constitution. Of course, if your exercise of religion involves harm to the health or welfare of a person or is against public policy, it will likely be subject to limitations.

DUE PROCESS AND EQUAL PROTECTION:

No person shall be deprived of life, liberty or property without due process of law. There is procedural due process having to do with ensuring that the process is fair and also substantive due process, which protects your life, liberty and property against certain government actions regardless of fairness.

Equal protection provides that individuals shall not be denied equal protection of the laws. This does not mean that every single person needs to be treated exactly the same. It means that similarly situated individuals shall be treated in a similar manner. There are three different classifications. that apply to equal protection cases: Strict Scrutiny, Intermediate Scrutiny and Rational Basis Test. If an equal protection challenge is brought because a law limits your ability to do something based on your race, nationality, or citizenship the strict scrutiny test will be applied by the court. Such a restriction will not be allowed unless it is necessary to promote a compelling government interest. If a restriction is based on gender or legitimacy, the intermediate scrutiny test will be applied and it will only be upheld if it is substantially relation to important government objectives. In matters of economic and social welfare the rational basis test is applied and will be valid if there is any conceivable rational basis on which the classification relates to a legitimate government interest. Varnum v. Brien is a landmark case from Iowa that applied the Intermediate Scrutiny test regarding gay marriage in 2009. The full text of the case can be found here: https://caselaw.findlaw.com/ia-supreme-court/1374250.html. The video in the following link gives a summary of the history of the Varnum case leading up to the appeal to the Supreme Court:

https://www.youtube.com/watch?v=tKPwMiPPC4E. If you are looking for a summary of the case, Wikipedia does a decent job. There are likely other sites that have summaries as well. You will see Varnum on your assignment, so make sure you

Also lowa has a rich history of protecting civil rights. Follow this link to review Iowa's history:

https://www.iowacourts.gov/for-the-public/educational-resources-and-services/iowa-courts-history/civil-rights/

Freedom of Religion FREE EXERCISE Define what free exercise of religion means. (3) What are the limits on free exercise of religion? (3) Research on the web and find three cases where a parent denied medical care to their child based on their religion. Include the link to the articles in your answer submission. Provide me with a personally written summary of which religion it was, what medical care was denied and what the outcome was in court. Then for each one provide me with your personal opinion on the case. (18 points - 6 points for each case you summarize) ESTABLISHMENT CLAUSE Define the establishment clause. (3) Research and find a time when the establishment clause was used as a basis to deny someone something in a public school. Or alternatively, find a time when the establishment clause was used as a basis to allow something in a public school. (3)