1 BUL Test Two Class 10 Constitutional Law 1 Full Faith and Credit Clause Provision provides that the rights associated with property deeds contracts and other legal documents in one state will be honored by all other states a Example Companies A B are doing business in two different states and a contract is broken by company B so Company A would go to Company B s state and ask their courts to assist their home courts in enforcing the judgment from the contract 2 Privileges and Immunities Clause Guarantees a citizen of one state who engages in important activities like getting a job entering into a contract using another state s courts in another state is entitled to the same treatment as he she would receive in his or her home state a NOTE Corporations and aliens are not protected by this clause only citizens NOTE Only fundamental rights involving important commercial activities i e the pursuit of livelihood right to make a living and civil liberties are protected b Rule Non residents may be treated differently from residents ONLY if a substantial reason exists c for distinguishing between the two Invalid Types of Discrimination Rules limiting bar admission to state residents Statute requiring 2 500 license fee from nonresident commercial fishermen while residents paid 25 d Valid Types of Differential Treatment Between Residents and Nonresidents Example GA company prefers employees from GA This is NOT allowed States can discriminiate between out of state tuition because taxpayers 3 Commerce Clause Grants Congress the power to regulate interstate commerce Congress may regulate Commerce with foreign Nations and among the several States and with the Indian Tribes a RULE Federal government not only can regulate interstate activities that involve commerce but INTRASTATE activities that substantially affect commerce in other states Example Shot records drivers license any actual document have to be recognized between states Exceptions hunting fishing concealed weapons permit Constitutional Law 2 1 Constitutional Balancing Tests If a right has been impacted by state action example freedom of speech then a court must balance the interests served by the federal or state statute and the nature of the right that is being denied These tests determine if the action violates the equal protection clause a Strict Scrutiny Test Government must establish that its action necessarily relates to a compelling state interest Usually results in governmental action being held to be unconstitutional Proposed laws restricting the right to vote and the right to engage in interstate commerce would fall here as well as those which may discriminate on the basis of race color or national origin Intermediate Scrutiny Test Government must establish that its action substantially relates to important an state interest would fall here as well as restrictions on commercial speech Proposed laws which may discriminate on the basis of sex or gender b c Rational Basis Test Government must establish that its action reasonably relates to a legitimate state interest Usually results in governmental action being held to be constitutional Proposed laws which relate to economic regulation commonly fall in this category 2 2 Freedom of Speech 1st Amendment Congress shall make no law abridging the freedom of speech a Freedom of speech is not absolute statutes that attempt to control obscenity have been held to be constitutional b Government generally has the power to control the c Political Speech Government must show a compelling governmental purpose for restricting you cannot yell fire in a crowded theater and some time place and manner of speech political speech Strict scrutiny test is applied highly protected d Commercial Speech Government must show that any restriction must 1 further a substantial governmental interest 2 the restriction directly advances that interest and 3 the restriction is no more extensive than necessary Intermediate scrutiny test is applied e Obscenity is judged by community standards 3 Freedom of Religion 1st Amendment Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof a Free Exercise Clause Prohibits the government from punishing someone on the basis of their religious beliefs b Establishment Clause Prohibits laws respecting the establishment of religion i If state action or regulation contains no religious preference it is valid under the Establishment Clause if it 1 Has a secular purpose 2 Has a secular effect that neither advances nor inhibits religion 3 Does not produce undue government entanglement with religion For a 1st Amendment Claim a state action must occur first 4 Governmental Takings Government has the power of eminent domain ability of government to claim land for public uses including parks roads and government buildings a 5th Amendment Guarantees where the government takes property for public use the private owner is entitled to just compensation i Public use is broadly defined public use includes not only purposes that benefit the health safety and welfare of the public but also situations where property is resold to a private entity that plans to develop the land Example Kelo v City of New London 5 Procedural Due Process a Due Process Clause 5th and 14th Amendments Prohibit the government from depriving an individual or a legal entity of life liberty or property without due process of law b Procedural Due Process Government must follow specific procedures when it takes completely or denies in party any aspect of life liberty or property c Components of Due Process 1 Notice that the government is going to act and why 2 A hearing before any governmental action takes place so that the individual or entity with the right has an opportunity to be heard and 3 An ability to appeal the determination made at the hearing d Equal Protection Clause 14th Amendment a state may not deny to any person within its jurisdiction the equal protection of the laws The 5th Amendment makes it applicable to the federal government Class 12 Administrative Law 1 Rulemaking Function of Agencies 3 Administrative agency rule that comes from a statutory delegation of authority a Legislative Rule b Interpretive Rules and has the same force as a law enacted by Congress or the legislature However these rules do not have the force and effect of law Procedural Rule c for agency operations for legislative rulemaking and for adjudication procedures Internal Rule
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