Maryland Law School 1L Study Guide for Constitutional Law
Table of Contents
- Introduction to the U.S. Constitution
- The Supremacy Clause
- Judicial Review
- Separation of Powers
- Federalism
- Congressional Powers
- Executive Power
- Individual Rights
- The Fourteenth Amendment and Equal Protection
- The First Amendment Freedoms
1. Introduction to the U.S. Constitution
The U.S. Constitution is the supreme law of the United States, setting out the framework of the federal government and delineating the powers of the branches of government and the rights of the individuals. It is composed of the Preamble, seven Articles, and 27 Amendments.
Key Concepts:
– Preamble
– Articles
– Amendments
2. The Supremacy Clause
Article VI of the Constitution contains the Supremacy Clause, which establishes that federal law takes precedence over state law.
Key Concepts:
– Preemption
– Federal vs. state law conflicts
3. Judicial Review
Judicial review is the power of courts to assess the constitutionality of legislative acts or executive actions.
Case Law: Marbury v. Madison (1803)
– Issue: Does the Supreme Court have the authority to issue writs of mandamus under the Judiciary Act of 1789?
– Rule: The Constitution is the supreme law of the land.
– Analysis: The Court found that the Judiciary Act conflicted with the Constitution and established the principle of judicial review.
– Conclusion: The Supreme Court has the authority to review acts of Congress and determine their constitutionality.
4. Separation of Powers
The U.S. Constitution divides the government into three branches: legislative, executive, and judicial. Each has separate and distinct powers and is designed to check and balance the others.
Key Concepts:
– Checks and Balances
– Legislative Power
– Executive Power
– Judicial Power
5. Federalism
Federalism is the division of power between the federal government and the states. The Tenth Amendment reserves to the states all powers not granted to the federal government.
Key Concepts:
– Dual sovereignty
– States’ rights
– Commerce Clause
– Necessary and Proper Clause
6. Congressional Powers
Congress has various powers enumerated in Article I, Section 8 of the Constitution, including the power to tax, spend, declare war, and regulate interstate commerce.
Case Law: McCulloch v. Maryland (1819)
– Issue: Can a state tax a federal institution, and does Congress have the power to create a national bank?
– Rule: The Necessary and Proper Clause gives Congress the flexibility to use means not specifically mentioned in the Constitution to achieve legitimate ends.
– Analysis: The Court found that Maryland could not tax the national bank and that Congress had the power to establish it.
– Conclusion: Congress has implied powers derived from those listed in the Constitution.
7. Executive Power
The executive power is vested in the President and includes powers such as commander-in-chief of the armed forces, making treaties (with the Senate’s advice and consent), and executing the laws.
Key Concepts:
– Presidential powers
– Executive orders
– Veto power
8. Individual Rights
The Bill of Rights, the first ten amendments to the Constitution, guarantees individual rights and limits government powers.
Key Concepts:
– Freedom of speech
– Right to bear arms
– Due process
– Search and seizure
9. The Fourteenth Amendment and Equal Protection
The Fourteenth Amendment provides for equal protection under the law and due process, prohibiting states from denying any person within their jurisdiction the equal protection of the laws.
Case Law: Brown v. Board of Education (1954)
– Issue: Does segregation in public schools violate the Equal Protection Clause of the Fourteenth Amendment?
– Rule: Separate but equal facilities are inherently unequal and violate the Fourteenth Amendment.
– Analysis: Segregated schools promote inequality and have detrimental effects on minority children.
– Conclusion: Segregation in public education is unconstitutional.
10. The First Amendment Freedoms
The First Amendment protects freedoms concerning religion, expression, assembly, and the right to petition. It guarantees freedom of speech and press, religious liberty, and the right to assemble peacefully.
Key Concepts:
– Freedom of speech
– Freedom of the press
– Establishment Clause
– Free Exercise Clause
Case Law: Brandenburg v. Ohio (1969)
– Issue: Does the First Amendment protect speech that advocates violence or unlawful acts?
– Rule: First Amendment protects speech unless it is directed to inciting imminent lawless action and is likely to incite or produce such action.
– Analysis: Brandenburg’s speech did not meet the imminent lawless action test.
– Conclusion: The Ohio law violated Brandenburg’s right to free speech.
This study guide offers an overview of the key concepts in Constitutional Law as it might be taught in a Maryland law school’s 1L class. It is by no means exhaustive but will serve as a foundation for further study and analysis in preparation for a final semester exam. Students should supplement this guide with detailed case briefs, class notes, and other study materials.