Jonah Patel
The constitutional basis for various laws and amendments is provided by clauses within the constitution. For example, the federal Real ID Act of 2005 is based on the Commerce Clause, which allows the federal government to regulate state-issued IDs. The Necessary and Proper Clause also supports this Act, as it grants Congress the power to enact laws necessary for executing its powers. The Fourteenth Amendment, which extended liberties and rights to formerly enslaved people, includes the Due Process Clause, which guarantees due process of law before the government deprives someone of life, liberty, or property. The Fourteenth Amendment also includes the Equal Protection Clause, which was written to prevent the enforcement of the southern states' Black Codes.
| Characteristics | Values |
|---|---|
| 14th Amendment | Extended liberties and rights granted by the Bill of Rights to formerly enslaved people |
| Grants citizenship to "All persons born or naturalized in the United States" | |
| Prohibits states from depriving any person of life, liberty, or property without due process of law | |
| Prohibits states from denying any person within its jurisdiction equal protection of the law | |
| Due Process Clause | Requires the government to follow the law and adhere to "procedural due process" before depriving an individual of life, liberty, or property |
| Extends the Fifth Amendment's similar clause to state governments | |
| Provides the constitutional basis for landmark Supreme Court decisions, such as Brown v. Board of Education, Loving v. Virginia, Roe v. Wade, etc. | |
| Commerce Clause | Allows federal regulation of state-issued IDs due to their implications for interstate commerce and national security |
| Necessary and Proper Clause | Grants Congress the authority to enact laws necessary for carrying out its powers |
| Establishment Clause | Stops the government from favoring a religion |
| Free Exercise Clause | Allows people to express their religion |
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What You'll Learn
The Commerce Clause
In the 19th and early 20th centuries, the Commerce Clause was used to justify federal regulation in response to rapid industrial development and an increasingly interdependent national economy. The enactment of the Interstate Commerce Act in 1887 and the Sherman Antitrust Act in 1890 marked the beginning of a new era of federal regulation under the Commerce Clause.
However, during the Lochner era (1905-1937), the Supreme Court briefly narrowed its interpretation of the clause, experimenting with the idea that it does not empower Congress to pass laws impeding an individual's right to enter business contracts. Nonetheless, even during this period, the Court held that Congress could regulate local commerce if it was part of a continuous "current" of interstate commerce involving the movement of goods and services.
Beginning in 1937, the Court returned to a broader interpretation of the Commerce Clause, holding that any activity with a ""substantial economic effect" on interstate commerce fell within its scope. This interpretation remained largely unchallenged until 1995, when in United States v. Lopez, the Supreme Court attempted to curtail Congress's broad legislative mandate under the Commerce Clause by adopting a more conservative interpretation.
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The Necessary and Proper Clause
> "The Congress shall have Power... To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the States, or in any Department or Officer thereof."
This clause has been interpreted as granting implied powers to Congress in addition to its enumerated powers. In other words, it gives Congress the authority to use all means "necessary and proper" to execute its powers. This interpretation was established in the landmark Supreme Court case McCulloch v. Maryland (1819), which concerned Congress's power to establish a national bank. The Court ruled that while the Constitution did not explicitly give Congress permission to create a bank, it had the implied power to do so under the Necessary and Proper Clause to fulfill its express taxing and spending powers.
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The Establishment Clause
The precise definition of "establishment" in the context of the Establishment Clause is unclear. Historically, it meant prohibiting state-sponsored churches, such as the Church of England. Today, what constitutes an "establishment of religion" is often evaluated using the three-part "Lemon" test established by the U.S. Supreme Court in Lemon v. Kurtzman (1971). According to the Lemon test, the government can assist religion only if:
- The primary purpose of the assistance is secular.
- The assistance must neither promote nor inhibit religion.
- There is no excessive entanglement between church and state.
One point of contention regarding the Establishment Clause is how to interpret government actions that implicate religion, such as the display of permanent religious monuments on public land. While it is generally accepted that cities cannot install new religious monuments, there is debate over whether existing monuments should be removed. The Supreme Court has not articulated a clear general standard for deciding these types of cases.
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The Free Exercise Clause
The text of the Free Exercise Clause is as follows: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof". This clause forbids Congress from prohibiting the free exercise of religion. It also prevents state and local governments from prohibiting the same.
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The Due Process Clause
The Supreme Court interprets the Due Process Clauses in the Fifth and Fourteenth Amendments identically, guaranteeing protections such as procedural due process in civil and criminal proceedings, substantive due process (guaranteeing fundamental rights), a prohibition against vague laws, incorporation of the Bill of Rights to state governments, and equal protection under federal law.
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Frequently asked questions
The Commerce Clause, allowing federal regulation of state-issued IDs due to their implications for interstate commerce and national security.
The Due Process Clause of the Fourteenth Amendment guarantees "due process of law" before the government may deprive someone of "life, liberty, or property."
The establishment clause stops the government from favouring a religion, while the free exercise clause allows people to express their religion.
