Constitutional Law Branches of government Commerce Clause 1stamendment speech , negligence 4th, 5th, amendment 14th amendment Dire process Equal protection 3 branches -judicial, legislative, and executive Separation of powers- each branch has individual powers and are subject to checks by the other branches. Commerce Laws- commerce can regulate commerce with foreign nations among the several states and within the Indian tribes. Has been used in odd ways Amendments start with congress not enacting a law. 14th amendment came in after civil war, no state shall deny a citizen due process of law or protection of the law. 1st amendment protect all forms of speech? No it doesn’t, does not protect against defamation. Burning flag protected Establishment laws- congress will not establish a religion Free exercise clause- congress will not prohibit the free exercise of religion. Constitutional Law 14th Amendment Due process Equal protection Employment Discrimination Title 7 of 1964 Act Disparate treatment disc Disparate impact Realism Gender- sex harassment Age discrimination Ada Alternative action State discrimination Due Process Clause-two kinds Procedural- person cannot be deprived of life liberty property without procedural due process of law Substitute Due Process- involves fundamental rights rights such as voting, right to travel, right to marry. Equal Protection Race suspect- strict scrutiny- state must prove compelling interest. Gender- Intermediate scrutiny- substantial relevance to interest government objective. Socioeconomic- lowest level- any reason. Affirmative Action First case in 1978 dealing with med school admission White male came back from Vietnam and decided he wanted to go to med school. Applied to University of California. Admitted 100 students each year to its class. 84 students had regular admission standards. 16 places changed standards to allow minority students to be...