Revision Sheet on US Constitutional Law Units 1 to 6

Table of Contents

1. Introduction to US Constitutional Law
2. Unit 1: The Constitution – Structure and Principles
3. Unit 2: Federalism
4. Unit 3: Separation of Powers
5. Unit 4: The Bill of Rights and Incorporation Doctrine
6. Unit 5: Judicial Review and the Role of the Supreme Court
7. Unit 6: Individual Rights and Liberties
8. Summary Diagram: Constitutional Framework

<a name="introduction"></a> Introduction to US Constitutional Law

US Constitutional Law forms the backbone of the American legal and political system. It governs the organization of government, the distribution of power between federal and state governments, and the protection of individual rights.

Key Concepts:

• Supremacy of the Constitution: The Constitution is the supreme law of the land.
• Living Document: The Constitution can be amended to adapt to changing circumstances.
• Checks and Balances: Powers are distributed to prevent any one branch from dominating.

<a name="unit1"></a> Unit 1: The Constitution – Structure and Principles

The Preamble

• Sets out the purposes of the Constitution: to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote general welfare, and secure liberty.

Articles of the Constitution

• Article I: Legislative Branch
• Article II: Executive Branch
• Article III: Judicial Branch
• Articles IV-VII: Relations among states, amendment process, federal power, ratification

Fundamental Principles

• Popular Sovereignty: Power resides in the people.
• Limited Government: Government only has powers granted by the Constitution.
• Separation of Powers: Division into three branches.
• Checks and Balances: Each branch checks the others.
• Federalism: Division of power between federal and state governments.
• Judicial Review: Courts have the power to invalidate unconstitutional laws.

<a name="unit2"></a> Unit 2: Federalism

Definition:

Federalism is the constitutional division of power between national and state governments.

Key Features:

• Both levels operate directly on citizens.
• Each has sovereignty in certain areas.

Enumerated Powers (Article I, Section 8)

• Powers granted explicitly to Congress (e.g., taxation, regulation of commerce, declaring war).

Reserved Powers (10th Amendment)

• Powers not delegated to the federal government nor prohibited to states are reserved to states or people.

Concurrent Powers

• Shared powers like taxation and law enforcement.

Important Doctrines & Cases:

• Supremacy Clause (Article VI): Federal law preempts conflicting state law.
• McCulloch v. Maryland (1819): Confirmed implied powers of Congress and supremacy of federal law.
• Gibbons v. Ogden (1824): Broad interpretation of Commerce Clause.
• New Deal Era: Expansion of federal power via commerce clause.
• US v. Lopez (1995): Limited federal commerce power.
• NFIB v. Sebelius (2012): Limits on commerce power re: individual mandate.

[Diagramme]

<a name="unit3"></a> Unit 3: Separation of Powers

Overview

The separation of powers divides government functions among three branches to prevent abuse of power.

Branches & Powers:

Checks and Balances Examples:

• President vetoes legislation (Executive → Legislative)
• Congress overrides veto (Legislative → Executive)
• Courts declare laws unconstitutional (Judicial → Legislative)
• Senate confirms judicial appointments (Legislative → Judicial)
• President appoints judges (Executive → Judicial)

Important Cases:

• Youngstown Sheet & Tube Co. v. Sawyer (1952): Limits executive power.
• INS v. Chadha (1983): Legislative veto unconstitutional.
• Myers v. United States (1926): President’s power to remove executive officials.

<a name="unit4"></a> Unit 4: The Bill of Rights and Incorporation Doctrine

The Bill of Rights

• The first 10 amendments protecting individual freedoms.
• Examples include freedom of speech, religion, right to bear arms, protection against unreasonable searches.

Incorporation Doctrine

• Initially, Bill of Rights applied only to federal government.
• Through the 14th Amendment’s Due Process Clause, many rights are applied to states (selective incorporation).

Key Amendments:

• 1st Amendment: Freedom of speech, religion, press, assembly.
• 4th Amendment: Protection against unreasonable searches.
• 5th Amendment: Due process, self-incrimination, double jeopardy.
• 6th Amendment: Right to counsel, speedy trial.
• 8th Amendment: Cruel and unusual punishment.

Landmark Cases:

• Gitlow v. New York (1925): First incorporation of free speech.
• Mapp v. Ohio (1961): Exclusionary rule applied to states.
• Gideon v. Wainwright (1963): Right to counsel in state cases.
• Miranda v. Arizona (1966): Miranda rights established.

<a name="unit5"></a> Unit 5: Judicial Review and the Role of the Supreme Court

Judicial Review

• Power of courts to invalidate laws or executive actions that conflict with the Constitution.
• Established in Marbury v. Madison (1803).

Supreme Court’s Role

• Highest court, has final say on constitutional matters.
• Hears cases of national importance and constitutional conflicts.

Types of Jurisdiction

• Original jurisdiction: Cases involving states or ambassadors.
• Appellate jurisdiction: Most cases from federal courts or state supreme courts.

Judicial Philosophy

• Originalism: Interpreting the Constitution as intended at the time of enactment.
• Living Constitution: Interpreting Constitution in light of contemporary values.

Important Cases Illustrating Judicial Review:

• Brown v. Board of Education (1954): Segregation unconstitutional.
• Roe v. Wade (1973): Right to abortion.
• Obergefell v. Hodges (2015): Same-sex marriage rights.

<a name="unit6"></a> Unit 6: Individual Rights and Liberties

Freedom of Speech

• Protected under 1st Amendment.
• Exceptions include incitement, obscenity, defamation.
• Brandenburg v. Ohio (1969): Speech can be restricted if inciting imminent lawless action.

Freedom of Religion

• Establishment Clause: No government establishment of religion.
• Free Exercise Clause: Right to practice religion freely.

Due Process and Equal Protection

• 5th Amendment: Federal due process.
• 14th Amendment: State due process and equal protection.
• Protects against arbitrary government actions and discrimination.

Right to Privacy

• Not explicitly in Constitution but derived from several amendments.
• Key cases: Griswold v. Connecticut (1965), Roe v. Wade (1973).

Second Amendment (Right to Bear Arms)

• Interpreted in District of Columbia v. Heller (2008) as individual right.

Criminal Procedure Rights

• Protection against self-incrimination (5th Amendment).
• Right to a fair trial (6th Amendment).
• Protection against cruel and unusual punishment (8th Amendment).

<a name="diagram"></a> Summary Diagram: US Constitutional Law Structure

[Diagramme]

Important Quotes

"We are a nation of laws, not men." — John Adams

"The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government." — Patrick Henry

This revision sheet covers foundational knowledge and key judicial decisions essential for understanding US Constitutional Law Units 1 through 6. Focus your study on the interplay between constitutional principles, the distribution of powers, and the protection of individual rights.