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The objectives below are tasks that you should be able to complete following the chapter coverage, or questions that you should be able to answer.
Chapter 5 - Constitutional Law Section 1 1. Describe the historical setting of the Constitution a. Explain the intent of the framers of the Constitution regarding power sharing between the federal government and the states b. Identify the on-going issues regarding national powers versus state powers 2. Explain the structure of the federal government under the US Constitution and describe the following:
a. The privileges and immunities clause b. The full faith and credit clause c. Separation of national government powers d. The commerce clause; compare and contrast the federal commerce clause with state police power e. The supremacy clause and preemption Section 2 3. Describe the Bill of Rights, including the basic components of the First, Fourth, Fifth, Ninth and Tenth Amendments a. Explain when Constitutional protections apply to disputes 4. From the First Amendment, describe and apply the legal tests involved in freedom of speech cases a. Identify types of speech (symbolic, political, commercial and unprotected) 1. Explain the reasonable restrictions rule b. Apply the commercial speech rules in cases such as Bad Frog Brewery v. New York c. Explain in Constitutional terms Lott v. Levitt; apply the rules regarding defamation d. Identify the test used to define obscenity; discuss recent Congressional attempts at regulation of obscene materials on the Internet 5. From the First Amendment, explain freedom of religion, the establishment clause, the free exercise clause 6. Explain and apply the basic components of the Fourth and Fifth Amendments a. Explain U.S. v. Moon Section 3 7. Explain and apply the basic concepts of equal protection of the law and due process of law Section 4 8. Explain the right of privacy |
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