Business Law August 14 Handout constitutional law 1 Rational basis The means of banning plastic jugs justifies the ends of eliminating waste Racing association of Iowa Does it matter that this isn t the best way It doesn t matter so the government can discriminate Why is there a rational basis if this isn t the best way but just A way the facts tell you this it satisfies the rational basis test it doesn t have to be the best way to be constitutional COMPROMISE Looks like Iowa bc that case said that its still helping them even though its not 100 beneficial to them Get broad when defining rational basis If there wasa way to prove that one state was all one type and another state was all another type that would be undue burden 2 Takings Clause Challenge grounds on the taking clause 1 Def property 2 Theyre taking it 3 It is public purpose in order to restore faith in the gov and for future forensic development 4 It isn t market value secondary issue there was no procedural due process Zapper has no ability to go in front of a court to see if the tests will be effective Why no hearing Its not an emergency so he should get due process Food Drug Cosmetic Act Medical Device Amendments pre market approval Substantial equivalency review sources of state and fed power power of fed gov under commerce clause source of most regulatory power like taxing and spending Commerce Clause grammer vs held dual purpose courts look at actions under strict scrutiny often Premption doctrine pg 83 comes out of supremecy clause Koma court case ch 15 Kansas illegal alien collecting wages and court said does federal immigration preempt the state wages The immigration rule says nothing about wages Does this state regulation fall in the spirit of federal scheme Kansas trying to recover wages is consistent bc it discourages hiring of illegal aliens o Number 2 Rigal v mentronal case 536 Doctor tried to inflate cafitor even though he wasn t supposed to but its hard to sue doctors so corportations like mentronic get sued Food drug cosmetic act sets up a scheme for licensing of drugs in usa you have to prove they are safe and effective but could still sue under state tort law if injured by the drug Medical device amendments nation wide scandal 1970s with IUD state started regulating it bc congress wasn t then congress started making ammendments made a scheme saying you can bring it to market if its similar to somthign already on the market but youll take your chances with state tort law if you bring a new thing to market then you have to prove its safe and effective This device had gone through premarket approval so its therefor not subject to state law requirements STATE COURT LAW IS PREEMPTIVE Warning lables on ciggarets congress says what color size they should be so you cant go to court and say you should ve warned me more Anti terrorist technology congress said anything brought to market is subject to state law Preempting state law requirements Where Constitutional Rights come from pg 63 o Bill of rights designed only to apply to federal government o Incorportation the 14th amendment due process clause makes it so the bill of rights applies to states also o Government Action gov or state action required for it to be constitutional issues Private matters are just dealings with statutes o University discipline will have elements of due process in it bc UMD is a alter ego of Maryland Private schools don t have to do that o Example of private burning tree country club is exclusive and very male Ladies can only come to pro shot twice a year it s a mens club Private country clubs can discriminate based on membership Equal protection clause doesn t cover them if women want to join they have to connect governmental action with burning tree They found bruning tree got 1M reduction taxes in land bc they kept land Weak case bc the governmental action had nothing to do with discrimination of women Means Ends Test Broad test End gov trying to achieve to means how they achieve both have to be constitutional Setting up a series of tests Things we don t care about have easy requirements Tougher test for commercial speech advertising 3 prong test political speech almost never upheld race strict scrutiny economic social activity who cares o Rational basis o Strict full scrutiny test suspect classes and fundamental activities o Commercial speech test in b w the first two pg 66 Substantial gov interest is restriction blah blah IF FALSE OR MISLEADING NO PROTECTION if true then gets this protection less than political speech Kasky v Nike Nike running ad to ppl who would buy their products anyways and large buyers Kasky sues under cali law Nike has to prove that if its political speech it gets absolute protection and kasky would be thrown out Commercial speech gets none if not true speech but if its true then it has to go through other test Nike wants to prove that its political Court says its commercial speech bc of the three elements If what nike was saying was accurate its test is less than strict scrutiny but gets some protection How states try to restrict commercial speech Badfrog Case Tried to say its social commentary to get all protection but its not Court said that it didn t meet the 3 pronged test for commercial speech bc it doesn t meet the fit bc theres already significant vulgarity in the world Court said to new york to just restrict where beer is sold Equal Protection Page 72 City of Dallas distinguishing between classy dance halls and other places for teenagers to mingle Supreme court thinks that Dallas making this distinguish is that its kinda silly held to the rational basis test If youre discrimitating based on class fundamental activities etc you re held to strict scrutiny text which is almost always struck down Fundamental rights by 1964 15 states said blacks couldn t marry whites States have to recognize other states laws Supreme court made an exception though for things that are essential White man and black woman got married somewhere else and came back to Virginia then got arrested in Virginia and got evicted then filed lawsuit Court said it s a violation of equal protection Due Process pg 71 5th applies to federal 14th applies to states procedural like personal jurisdiction and substantive o gov can act in emergency without a hearing Normally will involve a hearing unless emergency o Firing of gov employees may involved due process tenured have protections if professor punches a kid he ll get a hearing Issue
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