Constitutional law principles and practice

¶ … law complies with the equal protection clause?

There are three levels of review in determining whether a law complies with the equal protection clause: a) Rational basis; b) intermediate scrutiny; c) strict scrutiny. The rational basis review asks whether there is some rational relationship between disparity of treatment and some legitimate governmental purpose. The intermediate scrutiny test is the newest adopted by the courts. Intermediate scrutiny involves a statutory classification that is related to an important governmental objective. The final test is strict scrutiny. This test is far more stringent than either rational basis or intermediate scrutiny. This standard is to be applied in situations where suspect classifications or fundamental rights are at stake.

Explain the concept of preemption.

This concept arises from the Supremacy Clause of the U.S. Constitution. Under this concept certain legal matters are considered to be of such national importance that federal laws take priority over state laws. Preemption, thereby, prohibits any state to pass any law that proves to be inconsistent with the federal law. The same concept can also be applied in relation to state laws vs. local laws or ordinances where the state law would preempt the local laws.

3. What is the significance of the commerce clause?

The Commerce Clause's significance arises from its empowering Congress to possess exclusive power over trade among the states and foreign countries and Indian tribes. Trade exclusively within the borders of an individual state is outside the province of Congress and, therefore, subject only to state law. Any trade that crosses state lines or involves citizens from different state is considered interstate commerce. The Commerce Clause was considered an important power in the original drafting of the Constitution due to the controversies that were created in trading relationships between the states under the Articles of Confederation. As the nation has increased in size and economic activity, the application of the Commerce Clause has become increasingly more important. The landmark case of Marbury v. Madison established the power of the U.S. Supreme Court to interpret the application of the Commerce Clause.

4. What is discovery and what are the methods to obtain this information?