1. Look at how detailed the federal law is laid out.

out. The more detailed the law, the more likely

it will be held that the Federal law preempts the state law.

C. BURBANK v. LOCKHEED AIR TERMINAL.

1. Facts. In this case Burbank's city council passed an ordinance which made it unlawful for jets to
take off between the hours of 11pm and 7am.

2. District Court Ruling. The district court ruled that the ordinance was unconstitutional under both
the Supremacy Clause and the Commerce Clause.

3. Court of Appeals affirmed the district court's decision.

4. Supreme Court. The Supreme Court also held that the ordinance was unconstitutional because
federal law did in fact "preempt" the ordinance. The court noted that "the pervasive nature of the
scheme of federal regulation of aircraft lead them to conclude that there is pre-emption.

VII. TAXING AND SPENDING POWERS. Under the taxing and spending powers, just note that Congress
does in fact have the power to tax individuals and companies AND Congress has the right to spend the
monies they have accumulated.

VIII. FREEDOM OF SPEECH.

A. General Rule. The First Amendment provides that

"Congress shall make no law that reduces the freedom of speech."

1. Exceptions. We just need to note that there are a few exceptions to the first amendment. They
include (1) obscene material, (2) profanity and (3) fighting words (i.e. those things that tend to
incite riots or violence).

DON'T REVIEW METROMEDIA v. SAN DIEGO

IX. FREEDOM OF RELIGION. The First Amendment contains two distinct clauses designed to protect religious
freedom.

A. Establishment Clause. The first is called the "Establishment Clause." It forbids any laws which establish
religion

B. Free Exercise Clause. The second clause is called the Free Exercise Clause. It bans laws that prohibit
the free exercise of religion.

C. Purpose of the Clauses. The purpose of the clauses is to protect the freedom of every individual to
worship or not worship as he or she wishes (without government interference).

X. SEARCH AND SEIZURE.

A. Fourth Amendment. The fourth amendment protects the rights of people to be free from unreasonable
searches and seizures.

1. Search Warrant. In most cases the government is required to obtain a search warrant prior to
searching a person's property.

a. Exception to the Search Warrant. One of the exceptions to the search warrant

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