Constitutional Law (United States)

As a constitutional law (Engl. Constitutional Law ) is called the law of the United States , the field of law that deals with the provisions of the Constitution of the United States busy. In addition to the case law of the Supreme Court of the United States , the Constitution is the most important source of US constitutional law.

Federal Courts and Judicial Review

The rules on federal courts can be found in Article III of the Constitution. There are three prerequisites for justiciability : it must deal with a specific legal dispute (no mere legal advice), must not be brought to court either too early (ripeness) or too late (mootness) and must be carried out by a person with standing (~ Legal standing) to be brought to court. Standing exists when the plaintiff (~ plaintiff) brings forward a specific damage (injury) that is causally attributable to the defendant and is redressable. For example, members of Congress lacks the standing alone because of their affiliation to the Congress unconstitutional laws to attack (Raines v. Byrd (1997)). Also lacks the standing, simply because of their status as citizens or taxpayers in federal courts against laws proceed (Lujan v Defenders of Wildlife. 504 US 555 (1992)); There are exceptions to this for the Establishment Clause for taxpayers who claim that Congress is exceeding its powers in relation to them.

Federal powers to legislate

The federal legislative powers are regulated in Art. I Section 8. In principle, according to the 10th Amendment to the Constitution, the federal states have the power to legislate. The federal government only has the power to enact laws if the constitution expressly assigns them to it. Exceptions are federal lands legislation, Indian reservation legislation, and District of Columbia legislation .

The federal authorities' expressly assigned powers include tax and spening powers, the power under the commerce clause (foreign trade, Indian reservations and interstate commerce clause ). According to the 14th amendment to the constitution, the federal government ultimately has the power to prevent state discrimination. The states also retain the power to enact laws in the field of interstate commerce , provided that they do not violate the Dormant Commerce Clause .

Executive powers

The President of the United States has domestic powers to appoint officials and justices of the Supreme Court, with the approval of the Senate, to issue pardons for federal penalties and to veto Congressional laws. He can also instruct members of the federal administration by executive order (see Youngstown Sheet & Tube Co. v. Sawyer ). The president can send troops, but not declare war on another state without Congress. It is incumbent on him to conclude international agreements with a two-thirds majority in the Senate. Like federal laws, these are the supreme law of land. So-called. Executive agreements , however, are ranked below federal law.

Supremacy Clause and 10th Amendment to the Constitution

As part of the General Police Powers of the states (10th Amendment to the Constitution), the states can in principle freely pass laws. However, insofar as the federal government has enacted legal acts covered by its powers ( statutes, regulations, international agreements, executive agreements ), the federal states are denied legislation by the supremacy clause (Article VI) (so-called preemption ). Preemption can be both implied and express . It is express if the federal government expressly states this. It is implied when federal law and state law contradict each other or when state law prevents the federal law from operating. It is also implied when a legal area is finally regulated by the federal legislature. A federal state can thus continue to enact law in the area of ​​interstate trade, for example, if its legal act is only indirect and the local advantages outweigh the disadvantages for interstate trade (Kassel v. Consolidated Freightways Corp. (1981)).

Dormant Commerce Clause and Privities and Immunities Clause

According to the Dormant Commerce Clause, it is unconstitutional if the states pass a law that impairs domestic trade in a discriminatory manner or burdens it excessively (undue burden). The Privileges and Immunities Clause contains a similar provision . However, it only regulates the discrimination of US citizens by states and affects business activities and fundamental rights. Both constitutional clauses can be invoked side by side. According to both clauses, discrimination is exceptionally permissible if it serves an important governmental interest and there is no less discriminatory alternative.

Due process clause

According to the 5th (for the federal) and 14th (for the federal states) constitutional amendments, the government cannot take life, freedom, property from a person without observing the due process of law . Due process of law is divided into two components: procedural due process and substantial due process . Procedural due process means that the person concerned must at least be given the opportunity to raise their objections and have them checked by an independent decision-maker (cf. for example on the need for a hearing, Cleveland Board of Education v. Loudermill (1985)).

The following factors are taken into account for the purpose of balancing: 1) the importance of individual interests, 2) the value of the individual's procedural guarantees, and 3) the government's interest in fiscal and administrative efficiency.

A loss of freedom within the meaning of the due process clause occurs when a person is significantly restricted in their freedom of action or is deprived of their freedom under the constitution or simple law. This excludes cases of defamation .

Property is further defined as mere property and property, and includes legitimate claims and claims under state or federal law.

Equal Protection Clause

→ Main article : Equal Protection Clause (United States)

The equal protection clause protects people from unequal treatment by the government. According to the 14th Amendment to the Constitution, it initially applies directly to the federal states. However, through the 5th amendment to the constitution and the doctrine of reverse incorporation, it also applies to the federal government.

Obvious discrimination as well as seemingly neutral measures with a discriminatory effect and with discriminatory intent are prohibited.

The Supreme Court uses three different examination standards for the Equal Protection Clause : rational basis , intermediate scrutiny and strict scrutiny .

Government action in the field of rational basis review is legitimate unless the plaintiff can demonstrate that the classification cannot be reasonably (rationally) linked to a legitimate government interest. The burden of proof lies with the plaintiff.

Strict scrutiny applies to suspect classifications; intermediate scrutiny applies to quasi-suspect classifications. Suspect classifications are race , national origin , and non-citizen (alienage) . Intermediate scrutiny applies to gender and illegitimate children. As an exception, only rational basis review applies if states discriminate against non-citizens in the area of ​​democratic participation; likewise, only rational basis review applies to discrimination against foreign non-citizens by the Congress at the federal level. Rational basis review ultimately applies specifically to discrimination based on age, wealth or disability.

literature

• Michael C. Dorf, Trevor W. Morrison: The Oxford introductions to US law. Constitutional law: Constitutional Law . Oxford University Press, Oxford 2010, ISBN 978-0-19-537003-4 (English, 378 pages).