The Constitution as the Foundation of the Legal Environment

1
The Constitution as the Foundation of the Legal
Environment
2
What is a Constitution?

• A Constitution establishes
• The Structure of the Government
• 2. The Fundamental Powers of the Government
• 3. The Limitations Upon those Powers

3
The Branches of Government

• The Constitution created a tripartite federal
  government
• Legislative Branch to make laws
• Bicameral Body
• House of Representatives Senate
• Executive Branch to execute the laws
• President
• Judicial Branch to interpret the laws
• Federal Courts

4
The States the Constitution

• Delegated Powers those powers that were given
  by the states to the federal government.
• Shared Powers some powers delegated to the
  national government may still be exercised by the
  states.
• State Police Powers the states have the police
  power to adopt laws that are necessary to
  protect general health, safety, and morals of its
  people.
• Prohibited Powers the Constitution prohibits
  federal and state governments from doing certain
  acts.

5
Interpreting the Constitution

• Bedrock View
• Living Document View

6
Amending the Constitution

• Constitutional Amendment
• Article V
• Judicial Interpretation
• By Practice

7
The Living Constitution

• Strong Government
• Strong President
• Eclipse of the States
• Administrative Agencies
• Human Rights

8
Federal Powers

• The Power to Regulate Commerce
• Article I, Section 8, Clause 3
• The Taxing Power
• Article I, Section 8, Clause 1
• The Borrowing Power
• The Spending Power
• The Currency Power
• The Banking Power
• The Power to Own Businesses

9
Constitutional Limitations

• Due Process
• Equal Protection of the Law
• Privileges and Immunities
• Protection of the Person