Constitutional Law Overview

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Start essay with: The Georgia State and
Federal Constitutions govern.

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Summary of most commonly tested issues:

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1. Judiciability: In order to successfully bring an action, the claimant has to have standing, ripeness, mootness, and
political question.

2. Due Process: A regulation that infringes a person's right to life, liberty, or property must meet the test of the
Substantive and procedural Due Process clauses under the 5th Amendment The court will apply strict scrutiny if
the regulation hinders a fundamental right such as first Amendment Rights, voting, interstate travel, privacy, and
refusal of medical treatment. The government must show that its act was necessary to promote a compelling
government interest and no less restrictive means were available.

3. Procedural Due Process (PDP) requires that the person be given notice and an opportunity to be heard by an
unbiased tribunal. Under the Administrative Process Act (APA), the notice must be not less than 7 days prior to
the hearing held by an unbiased decision maker who must render his finding in writing.

4. The Commerce Clause grants the federal government power to regulate the channels and instrumentalities of
commerce, and other activities that affect interstate commerce. If a valid federal law under the commerce clause
conflicts with state law, the federal law invalidates the state law because of the Supremacy Clause.

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