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FSU BUL 3350 - Separation of Powers

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This being law class, in good humor, I, Harrison Osle am hereby not held responsible for the outcomes of any results on any exams. I am not in any way tied to Florida State University or Professor Stauber. This study guide is simply all of my class notes and common knowledge simplified into a study guide. Good luck, and remember to review your own class notes as well.Separation of Powers/Checks & Balances (three branches of US government)Legislative: makes laws as well as veto override of executive branchExecutive: enforces and administers laws as well as vetoesJudicial: Has the ultimate power and is in charge of interpreting lawsCases: (Supreme Court)• U.S. v. Nixon (1974) Nixon was subject to impeachment for his involvement in the Watergate cheating scandal, considered crucial in limiting presidential power as a precedent• Clinton v. Jones (1997) landmark United States Supreme Court case establishing that a sitting President of the United States has no immunity from civil law litigation against him, for acts done before taking office and unrelated to the office. (had to do with Lewinsky scandal’s perjury)• Bush v. Gore (2000) Bush won presidency with Florida election controversyConstitutional Judicial ReviewDetermining whether laws/actions violate the Constitution: (it the judicial branch’s job to check constitutionality of a law) He said to remember the case from the last test that allowed single MOTHERS to be exempt from jury duty but not single fathers, this was changedInterpreting laws: determining the meanings of laws: 9/11 “occurrence” case, as well as the koikos FAMU shooting case are a few examplesInterstate Commerce: (commerce between two or more states)The commerce clause (U.S. Constitution Art. I. Section 8) “the congress shall have power…to regulate commerce with foreign nations and among the several states…” (saying that when trade occurs between two or more states, congress has the right to control)Intrastate Commerce (within the same state) Controlled by the state’s legislatureCases: (Commerce clause allowed for supreme court jurisdiction)• Wickard v. Filburn (1942) Wickard was section of agriculture and Filburn was the farmer. Case arose right after depression because of the allotment of acreage that Wickard could produce even if it was for his own personal use. Wickard argued that because he wasn’t selling his wheat, it had no effect on commerce and the government didn’t have jurisdiction, however the Supreme Court ruled that because he wasn’t buying wheat from somebody else, he was effecting the economy, and thus had to abide by the same laws as everybody else.• Heart of Atlanta Motel v. U.S. (1964) Segregation case with interstate black travelers not allowed in hotel. Court ruled they had jurisdiction because travelers were mostly crossing state lines. (Motel argued that the government was violating their 5th amendment rights to select customers)• Katzenbach v. McClung (1964) restaurant sued over segregation case where small restaurant only provided takeout to African Americans because since most food originated from interstate trading, Congress had the right to control the desegregation of this restaurant. Restaurant argued that since they were a small private restaurant they had a right to segregate*congress has power to regulate state or local activity if such activity “substantially affects interstate commerce”Guidelines for Interpreting Constitutional Rights: • Constitutional rights are not absolutes: (freedom of speech in first amendment, but does not protect perjury, slander/libel, and treasonous things said against the government)o Not allowed to say fuck Miami, but it is ok to say bullshit. This is because of the severity of the word fuck, which could place you in trouble for a misdemeanoro It I also illegal to yell “fire” in a crowded theatre because it could cause chaoso Government is not allowed to unlawfully search or sieze your private property or home within REASON. He mentioned the case in strozier where a few years ago they searched you for stolen books, but it was a small search. This is reasonable, as opposed to a strip search. • Constitutional issues involve a weighing process between competing policies• Constitutional rights are variable from time to timeo Laws change: Civil rights, abortion. Due to time and change of society. The Miranda (your rights read to you before you are arrested) just changed stating that if you have been read them in the last 14 days you don’t need to be read them again. • Constitutional rights protect the minority from the majority*we should just know that the bill of rights which protect our rights from the tyranny of government are not absolute. U.S. Constitution- 14th Ammendment: Nor shall any State deprive any person of life, liberty, or property, without the due process of law (you must be notified of what government is intending to do with you) intending to do. Due Process Clause: Fundamental fairness required: the courts determine the fairness associated with the being fair in the process of lawNotice and hearing are required: you must be notified of what is going onHe talked about an ordinance where “it is unlawful for three or more persons to congregate on any city street in a manner annoying to others”…three men were convicted of violating this. The court ruled that “annoying” is an impossible word to rule on. During this “due process of law”, the court ruled against the ordinanceEqual Protection Clause• Individious (evil, race, sex) Discrimination is Illegal: He referred to the expectant mother case with the single father from Gainesville. • Rational-Basis Test Discrimination is legal: A judicial standard of review that examines whether a legislature had a reasonable and not an Arbitrary basis for enacting a particular statute.Commercial Speech (Businesses)Florida Bar Rule 474: Direct Contact with Prospective Clients: (states that businesses do not have same free speech rights as individuals)1. Written communication: a lawyer shall not send knowingly (or the lawyers firm) a professionally written letter to a prospective client for the purpose of asking for a job if: the communication deals with an action for injury or death that relates to an accident or disaster involving the person to whom the communication is addressed or the person’s relative unless the accident or disaster occurred more than 30 days (grieving period)


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