Federalism & Separation of Powers

What is Federalism?

Congressional Powers

Presidential Powers

Judicial Powers

Congressional Powers and Limits on State Power

The Commerce Clause

"Substantial Effect” Commerce Clause Power

The Dormant Commerce Clause

The Privileges and Immunities Clause

Due Process of Law

Substantive Due Process – Fundamental Rights

Substantive Due Process – Non-Fundamental Rights

Procedural Due Process

Equal Protection

History of Equal Protection and the Levels of Review

Nonsuspect Classifications

Suspect Classifications Based on Race

Fundamental Rights and the Equal Protection Clause

Freedom of Expression & Religion

Freedom of Expression

Limitations on Expression

Freedom of Religion and The Establishment Clause

Freedom of Religion and The Free Exercise Clause

Protection from Unreasonable Searches and Seizures

The Exclusionary Rule

What is a Search?

Probable Cause

The Warrant Requirement

Exceptions to the Warrant Requirement

Police Interrogation

Miranda v. Arizona

Custody

Interrogation

Waiving the Fifth Amendment Privileges

Rights at Trial – The Sixth Amendment

The Right to Effective Assistance of Counsel

The Confrontation Clause

The Right to Compulsory Process

Burden of Proof and Presumption of Innocence

Protection from Cruel and Unusual Punishment