Chapter 5 6 7 12 13 Lecture 5 Constitutional Law Federal Power State Police Powers States have passed regulations limiting immigration A lot of debate over who should have more authority Health insurance Obama care Federal Power Congresses power is numerated within the amendments in the constitution o Congress has the right to exercise those powers and properly carry them out Congress has power to Declare war Regulate military Lay and collect taxes upheld the act Tax and spend State Police Powers o Affordable care act appealed by supreme court majority 4 out of 9 o Use money for common defense and social welfare States possess powers to regulate public safety health and morals Statutes are enacted in order to do so Insurance and DL license are enacted at this level Constitutional Premises 1 Full faith and credit clause a Legal and factual documents most be honored state to state 2 Privileges and Immunities Clause a The rights of citizens are protected under the constitution b No state can discriminate against someone from a different state without substantive government interests c Exception is when taxpayers provide the good ex Fishing licenses out of state tuition 3 Commerce clause d Treat foreign residents with same rights and privileges a Congress regulate interstate commerce as well as intrastate commerce if it affects other states b Dormant clause intra state activity regulation i Not specified in the constitution ii Negative aspect of interstate commerce until congress overthrows c Way for government to regulate business from foreign nations states states ruling and Indian tribes Bill of Rights The 5th amendment due process clause gives equal protection to federal government The 14th amendment expands and gives equal protection to all the states Prohibits states from denying any person the equal protection of the laws Treat similar situated people in similar manner Freedom of speech Restrictions Protected speeches Limited Protection Protected under the first amendment and applies to federal and state gov Expansive right but is not absolute If the restriction is neutral the court can uphold the restriction The government can restrict the time place and manner with a permit Symbolic speech articles of clothing tinker case burning the flag Political speeches strict scrutiny Commercial speeches consumer advertising protected under consumer o Corporation cannot mislead or deceive the public with advertising protection act Intermediate scrutiny Unprotected speeches Defamatory false accusation that ruins a persons reputation libel writing slander oral Fighting words Obscene speech which may violate society s standards Online obscenity Freedom of religion Found in the 1st amendment Congress shall make no law respecting the establishment of religion or prohibiting the free exercise there of 1st Establishment of religion est clause U S cannot officially declare a state religion cant favor either 2nd part free exercise clause Gov cant make a law regulating ones rights cant compel to exercise against or for in public places Unless those practices infringe on public welfare o Saying when churches meet and are open Case 20 years ago involving native American group that utilized pae ode o Illegal to have possession of that substance o There was a court that the act triumphed the native Americans to use it for religious purposes used in ritual for decades o Congress passed religious freedom act and overturned the case Test for issues that arise under the 1st amendment establishment clause After high school football game there is going to be a faith family night 1 Is there a state action where a state entity is taking action against someone s rights a School board legislature 2 Does it involve the establishment clause 3 tests a Some secular purpose has to have mix of religion and something else b Secular effect doesn t advance or inhibit religion practices c Cant be undo or excessive entanglement with religion Constitutional Balancing tests Equal Protection Clause Equal protection analysis Has to have a state discrimination action When federal state local gov infringes use these tests 1 Strict Scrutiny If a law distinguishes among individuals basis for distinction is examined a Courts look at the highest level of discrimination b Law that inhibits ones fundamental rights or classifies someone based on trait c Hard for policies to be upheld most are unconstitutional d Race and origin freedom of speech interstate commerce right to vote 2 Intermediate Scuctiny a Classification of discrimination based on gender b Courts can go either side must show important gov objectives c Military discriminates against women in combat 3 Rational Basis Test constitutional a Easiest standard to get upheld Government action usually b Gov action must show legitimate and rational state interest c Economic social welfare public safety reasons for legitimate interests d Vendors outside a stadium Governmental takings 1 5th amendment a has to offer reasonable compensation b Government has the right to take private property for public use c Farmer in Wisconsin state of Wins Wants to build highway though the farm farmer can protest but will lose against the state Due Process Both fifth and 14th amendment no person shall be deprived of life liberty or property without due process of law Procedural due process a Any government decision to take away a right or infringe someone s right must include i Notice Hearing and Appeal Substitutive due process a Laws have to be fair and cant discriminate b Compelling Interest tests 1 Statute can restrict a fundamental right if there s overriding government interest c Rational Basis test 1 Rights not regarding fundamental rational government purpose Privacy Rights a Business regulations Federal statutes that protect individuals and their privacy Not specified in the constitution Roe vs Wade right to private abortion HIPA medical records are protected Chapter 6 Administrative Law Regulate business operations agencies rule order and decide on administrative law Congress delegates its authority to make and implement laws to agencies To make an agency congress passes legislation which gives its power in detail Types of Agencies Executive agencies Independent Powers o Cabinet departments that are under presidents authority o Serve for fixed terms and cannot be removed without just cause Congress has power to establish these which create legislation rules to implement and interpret
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