Federalism Federal gov can check state powers Federal government steps in in 2 ways 1 Privileges and immunities clause Says that citizens of all states shall be entitled to privileges and immunities granted to all states States can t treat their citizens different or better than other states 2 Full faith and credit clause Provides that each state must give full faith and credit to acts records and judicial proceedings of every other state Different branches of Federal Government has checks and balances Legistlative x Legislative Executive Veto Executive Override Veto x Judicial Dceclare Unconstitutional Review acts unconstitutional Judicial Confirm Legitimacy Appoint Judges x Other clauses 1 Commerce clause gives congress the ability to regulate Commerce with foreign nations among the states and with indian tribes Intrastate commerce means inside the state federal gov can t do much However if intrastate commerce is so large that it substantially affects Interstate commerce Fed can control that commerce 2 Preemption comes out of the Supremacy clause Supremacy clause says Constitution is the law of the land But If any State tries to pass a law that conflicts with Federal law on an issue the federal law preempts or overrules the state law 3 Tax Spend clause Congress has broad authority to tax But Congress can t pick on a state and tax them more than anyone else 4 Spending power Congress is in power to pay the debts of common defense and general welfare of the US AKA spend money Bill of Rights 1st Speech Religion Assembly Press 2nd Guns 3rd quartering of soldiers 4th Searches and Seizures 5th Protection against Self incrimination Can t be tried for same thing twice Due Process Payment for property eminent domain 6th Jury Trial Speedy Trial Right to Cross Examination confront witnesses against you Right to counsel if you cannot afford an attorney one will be appointed to you Gideon 7th Civil Cases right to jury trial 8th Protection against cruel and unusual punishment Free Speech Symbolic Political Speech you can protest Commercial Speech pertains to advertising You can advertise what you want but to an extant For example you can t have cigarette commericals in kid s cartoons Intermediate Scrutiny Not allowed in free speech Slander libel Obscenity Inciting a riot make threats 1996 communications decency act outlaws patently offensive material too vague failed 1998 Child online protection act outlaws material harmful to minors failed too vague 2003 Children s internet protection act public schools and libraries can block certain images that contain certain meta tags keywords passed Freedom of Religion Free exercise clause prohibits gov t from restricting your exercise of your beliefs or do something contrary to your religious beliefs except where we have a public policy or a public welfare issue Establishment clause the gov t can not establish a state sponsored religion or pass laws that show favor of one religion over another Lemon Test 1 Must have a secular Purpose 2 Must have a secular effect 3 Must not cause excessive entanglement with religion Search Seizure Exceptions to needing a warrant Plain view Hot pursuit disappearing evidence Officer safety terry stop Consent Automobiles Incident to arrest Protection against self incrimination Natural vs legal persons 5th amendment only pertains to natural persons but is extended to sole proprietorships Due process Comes from 5th and 14th amendment Procedural due process If gov wants to take your life liberty or property his must give you 3 things 1 Notice 2 Substantive due process is what is it we re taking away and how we balance your A fair hearing 3 A chance at an appeal interest and the governments interest Equal protection also comes from 5 and 14 amendment gov can t deny any person equal protection from the law Protects us from illegal discriminatory laws Strict scrutiny if you have a law that discriminates anyone for race it can be upheld if it upholds a governmental interests Japanese internment camps Intermediate scrutiny if gov wants to discriminate on basis of gender they need a substantial reason for doing so Rational basis if gov wants to discriminate against you all they have to do is show that there s a rational basis for doing so FOIA Freedom of Information Act allows you to review your own information that the gov has on you HIPAA Health Insurance Portability and Accountability Act Gives you the ability to review your medical records and disallows sharing of insurance FERPA Protects your own privacy of your academic records Patriot Act Administrative Law Chapter 6 Administrative law Body of law made up of the rules orders and decisions of agencies Agencies can not exist unless congress decides it exists Congress can also enact statutes affecting how much money agencies get what their jurisdiction is what they re allowed to do etc Executive Agencies assist executive branch in carrying out their duties Independent regulatory agencies accountable to the public example SEC President appoints heads of agencies and President can veto the enabling legislation that creates the agency He can also veto appropriations to agencies Ripeness doctrine you must show that you have an actual case in controversy and you Judicial Control have to have standing Exhaustion Rule making has 3 Steps federal regulations Agency Investigations 1 Notice Federal Register 2 Comment Period 3 Publish final rule Gets published twice Once in the federal register once in the code of Agencies can conduct investigation ex there may be an agency that inspects restaurants to ensure they are clean 3 ways to investigate 1 on site inspection 2 Subpoena power The ability to issue a subpoena There are 2 types of subpoena 1 is called a Duces Tecum which means show me your documents The 2nd type is a subpoena ad testificandum show up and tell me what you know 3 They can issue search warrants If you are subject to one of these investigative tactics and you feel they are doing it wrong or unfairly you can go to court and ask court to examine the situation Felonies Fines 366 days in prison Incarceration Misdemeanors fines up to 1 yr in jail You must have both of these to have committed a crime Actus Reus the act of doing something that is wrong Mens Rea guilty mind the thought of doing something wrong you meant to commit the crime Strict Liability crimes all we need is the Actus Reus ex speeding parking tickets statutory rape Burden of proof depends Beyond a reasonable
View Full Document
Unlocking...