CHAPTER 4: CONSTITUTIONAL LAW
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TOPICS COVERED IN CHAPTER 4:
CONSTITUTIONAL LAW
A. Basic Principles of
Constitutional Law.
B. Powers of Government.
C. Limitations On Government.
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BASIC PRINCIPLES
 Federalism – the division of
governing power between the
Federal government and the States.
 Federal Supremacy – Federal law
takes precedence over conflicting
State law. 
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BASIC PRINCIPLES
 Federal Preemption – right of the
Federal government to regulate
matters within its power to the
exclusion of regulation by the States.
• WILLIAMSON V. MAZDA MOTOR OF
AMERICA, INC. (2011). Why didn’t the
federal regulation preempt the state
claim?
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BASIC PRINCIPLES
 Judicial Review – examination of
governmental actions to determine
whether they conform to the U.S.
Constitution.
 Separation of Powers – allocation of
powers among executive, legislative,
and judicial branches of government.
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BASIC PRINCIPLES
 State Action – actions of
governments to which constitutional
provisions apply.
• BRENTWOOD ACADEMY V. TENNESSEE
SECONDARY SCHOOL ATHLETIC ASSOCIATION
(2001). What entanglement did state
officials have with the Association?
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SEPARATION OF POWERS
Executive
Enforces the Law
appoints
federal
judges
Judicial
Interprets the Law
confirms
appointments
judicial
review
judicial
review
confirms
appointments
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veto
power
Legislative
Makes the Law
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POWERS OF GOVERNMENT
 Federal Commerce Power – exclusive
power of the Federal government to
regulate commerce with other
nations and among the States. 
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POWERS OF GOVERNMENT
 State Regulation of Commerce – The
Commerce Clause restricts the States'
power to regulate activities if the
result obstructs interstate commerce.
• DEPARTMENT OF REVENUE OF KENTUCKY V.
DAVIS (2008). What does this holding
mean?
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POWERS OF GOVERNMENT
 Federal Fiscal Powers.
• Taxation and Spending – the
Constitution grants Congress broad
powers to tax and spend; such powers
are important to Federal regulation of
the economy. 
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POWERS OF GOVERNMENT
 Federal Fiscal Powers.
• Borrowing and Coining Money—
enables the Federal government to
establish a national banking system and
to control fiscal and monetary policy.

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POWERS OF GOVERNMENT
 Federal Fiscal Powers.
• Eminent Domain – the government's
power to take private property for
public use with the payment of just
compensation.
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LIMITATIONS ON
GOVERNMENT
 U.S. Supreme Court uses different
standards for determining whether
laws are constitutional:
• When laws impact fundamental rights,
they are reviewed under strict scrutiny.
• When laws impact economic or
business rights, they are reviewed
under the rational relationship test. 
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LIMITATIONS ON
GOVERNMENT
 Contract Clause —restricts States
from retroactively modifying
contracts.
 First Amendment.
• Free Speech – is not absolute. Some
forms of speech (e.g., obscenity) are
not protected. 
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LIMITATIONS ON
GOVERNMENT
 First Amendment.
• Free Speech.
• Corporate Political Speech –a
corporation's right to speak out on
political issues. In Citizens United v. FEC,
the U.S. Supreme Court affirmed the right
of corporations and unions to support
political candidates. 
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LIMITATIONS ON
GOVERNMENT
 First Amendment.
• Free Speech.
• Commercial Speech – expression related to
the economic interests of the speaker and
its audience; receives a lesser degree of
protection.
–THOMPSON V. WESTERN STATES MEDICAL CENTER
(2002). Restrictions on advertising by drugcompounding pharmacies is unconstitutional.
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LIMITATIONS ON
GOVERNMENT
 First Amendment.
• Free Speech.
• Defamation: civil wrong or tort that diminishes
a person’s reputation by publishing a false
statement ; receives limited constitutional
protection (see Defamation in Chapter 7).
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LIMITATIONS ON
GOVERNMENT
 Due Process.
• Fifth and Fourteenth Amendments
prohibit the Federal and State
governments from depriving any person
of life, liberty, or property without due
process of law. 
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LIMITATIONS ON
GOVERNMENT
 Due Process.
• Substantive Due Process – whether a
particular governmental action is
compatible with individual liberties.
• Procedural Due Process – requires the
governmental decision-making process
to be fair and impartial if it deprives a
person of life, liberty, or property.
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LIMITATIONS ON
GOVERNMENT
 Equal Protection – requires that
similarly situated persons be treated
similarly by governmental actions.
• Rational Relationship Test – standard of
review used to determine whether
economic regulation satisfies the equal
protection guarantee.
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LIMITATIONS ON
GOVERNMENT
 Equal Protection.
• Strict Scrutiny Test – exacting standard
of review applicable to regulation
affecting a fundamental right or
involving a suspect classification.
• Intermediate Test – standard of review
for a regulation based on gender and
legitimacy.
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LIMITATIONS ON
GOVERNMENT
Test/Interest
Equal
Protection
Strict Scrutiny
Fundamental
Rights
Suspect
Classifications
Intermediate
Gender
Legitimacy
Rational
Relationship
Economic
Regulation
Substantive
Due Process
Fundamental
Rights
Free
Speech
Protected
Noncommercial
Speech
Commercial
Speech
Economic
Regulation
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Nonprotected
Speech
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