Article III Section 2 (SC)
- USSC has original Jurisdiction in all cases effectuating ambassadors, other public ministers, and and counsels, and in which a state is a party.
Free Exercise Clause
Prohibits punishing people for their religious belief:
- When a person claims that he is being punished for his religious beliefs the court may consider whether the person challenging the law sincerely holds those belief.
Constitutional Law
Declaratory Judgement
A federal court has the authority to issue a final judgment on the merits declaring the rights and liabilities of the parties only if there is act of controversy.
A complaint must show:
1) That he engaged (or wised to) in specific conduct, and
2) That they challenged gov. action poses a real and immediate risk danger to his interest.
Equal Protection Clause
Right to Travel
An individual has a fundamental right to travel from state to state, and a state law that is designed to deter from moving into a state is likely to violate equal protection clause.
- When duration residency requirement for dispension of benefits, that requirement normally should be subject to strict Scrutiny test an will be found not to have satisfied that test.
Privileges and Immunity Clause
Prohibits states from discriminating against out of state residence when a fundamental right is involve.
First Amendment: Obscenity Standards
While a statewide standard for determining whether the material is patently offensive is permissible, it is not mandatory.
- A state may use a community standard for making this determination.
Symbolic Speech
Nude Dancing
A municipality may use zoning to limit the location of adult theaters and nude dancing establishment as long as the ordinance:
1) is designed to promote important government interest
2) Does not prohibit all such entertainment in the community
It is marginally protected speech.
* the SC has held erotic dancing to be symbolic conduct, and like other symbolic conduct, it can be regulated to serve an importnat gov. interest unrelated to the suppression of speech.
Congress’s Tax Power
A tax measure will usually be upheld if it breas some reasonable relationship to revenue production or if Congress has the power to regulate the taxed activity.
- if not tax related to fundamental right, only need rationally related.
Establishment Clause Schools and Religious Clubs
A school does not violate the establishment clause by permitting a religious student group the same after class access to its facilities that other student groups get.
Congress interstate commerce and Dormant Commerce Clause.
Congress can regulate channels of interstate commerce even if wholly within one state.
- States may regulate locals aspects of interstate commerce as long as Congress has not adopted regulations concerning the subject mater or preempting the entire area of regulation.
Dormant Commerce Clause
* The state regulation must not discriminate against interstate commerce or put an undue burden on Interstate commerce.
Presidents ability to void a treaty
The constitution only requires that the President to obtain the advice and consent of the Senate to enter into a Treaty
- It does not require him to obtain Senates consent to void treaty.
Judicial Review: State Trial
A fed Court of Appeal never hears from a state trial court.
- A P bringing an action in state trial court is required to exhaust its state appellate remedies before seeking review in Fed court, even where federal issues are involved.
Multiple Choice
Equal Protection and Voting
The 14th Amendment Equal protection clause has been interpreted by SC as prohibiting state dilution of the right to vote by malapportionment of electoral districts
- Genreally, an at large system of election presenets no 1 person 1 vote problem, because a system contains no electoral districts.
- however, where such as system established to maintained for purposed to suppression minority race voting power, it has been found unconstitutional.
Presidents Decline to Spend
The president has no power to decline to spend funds specifically appropriated by congress, when congress has expressly mandated that there be spent, regardless the reason of congress for making the appropriation.
- President has no legislative power in internal affairs, and he a duty to see the laws are faithfully executed.
First Amendment
Taxing Press
Press and Broadcasting companies can be subject to general business taxes, but tax applicable only to the process or based on the content of a publication will not be upheld absent a compelling justification.
Multiple Choice
Limited Public Forum
Court House
Government can regulate based on Subject matter of speech
1) as long as the regulation is reasonably related to the propose served by the property, and
2) is not designated merely to suppress any particular view point.
Regulation of Foreign Commerce
THe power to regulate foreign commence lies exclusively with Congress, and Congress may delegate this power to the President.
- By authorization the issuance of the Presidential executive order, Congress has constitutional exercise this power
Due Process Clause
Prohibits arbitrary governmental action, and come into play where a law limits the liberty of all persons to engage in some activity.
Property Interest in employment
Cause
A public employee who is subject to removal for “cause” has a property interest in his job and must be given notice of the charges against him that are the basis for his job termination, and a opportunity to respond to the charges.
Due Process (Liberty and Property Interest)
Liberty:
- under the due process clause of the 5th Amendment
- A person has a liberty interest in the exercise of specific rights provided by a constitution including freedom of speech.
Property:
* a public employee who is subject to removal only for cause has property interest in her job and generally must be given NOTICE of charges against her that are the basis for her job termination and PRE-TERMINATION opportunity to respond to those charges.
Constitutional Law
Enforcement of Restrictive Covenants
The SC held that enforcement of a restrictive Covenant in deeds construe state action, and thus a court may enforce a restrictive covenant only if it is constitutional.
- under the due process clause, unless fundamental rights are involved government action is constitutional as long as it is rationally related to any conceivable legitimate end of gov.
