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Hassel_Constitutional Law I_ Fall 2011

Hassel_Constitutional Law Outline_Fall 2011
Court doesn't get involved in political questions, advisory opinions or discretionary duties.

CHAPTER 1: The Supreme Court's Authority and Role
The Power Of Judicial Review
MARBURY v. MADISON "Marshall Opinion" Adams- President (Federalist) - more control Jefferson- New President (Republican) more liberal JUDICIAL REVIEW

Federalists passed the Sedition Act of 1798 - couldn't criticize the government passed by the Federalists. Jefferson pardons all convicted over Sedition Act, and rules unconstitutional since at time judicial review didn't play a role. Facts: Adams appoints "midnight judges" to keep alive the Federalists in the judiciary. Marbury was a last minute judicial appointee whose commission was not delivered to him before Adams left office; Jefferson declined to deliver the commission. Issues: 1. Has the applicant a right to the commission that he demands? Yes, he gained commission as soon as it was signed and sealed. 2. Does he have a legal remedy? Yes, court has power over people holding office under the authority of the United States. Writ of Mandamus- issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly. Ministerial duties are individual rights assigned by laws or constitution. Judiciary Act of 1789 gave the court the power to do writ of mandamus. 3. Is the legal remedy a writ of mandamus issuing from the Supreme Court? NO, Article III of the Constitution explains that in some situations the Supreme Court has original jurisdiction and in other situations it has appellate jurisdiction Holding: No law original jurisdiction for Supreme Court to order writs of mandamus. Marshall uses the three ways to interpret the constitution:

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Hassel_Constitutional Law I_ Fall 2011

1. 2. 3.

Text- language Intent- meaning Structure- where it's placed in constitution.

Narrow Holding of Marbury: Court will follow constitution when confliction with statute. Broad Holding of Marbury: Court has power to interpret Constitution for all branches. (judicial review) COOPER v. AARON Issue: Whether the governor and legislature of Arkansas were bound by the holding in Brown v. Board of Education. Holding: The rulings of the Court can't be openly or indirectly nullified. Article VI -Constitution is Supreme Law of the Land. Rationale: Saves judicial economy. Indispensable for the protection of freedoms guaranteed by our fundamental charter for all of us. Dickerson v. United States: Note Case on p. 21. Issue: May Congress overrule Supreme Court interpretations binding on Congress by statute? NO, Miranda rights are Constitutionally required so legislature can't add an alternative test or interpretation. Scalia DISSENT: statutes should get an interpretation of whether constitutional on their own merits, not on constitutionality as relates to Miranda ruling. MARTIN v. HUNTER'S LESSEE Facts: Virginia gives land to Hunter, U.S./treaty gave land to Martin. Article 25 of Judiciary Act of 1789, if you lose federal claim in the highest courts in state, then you can go to Supreme Court. Article VI gives state courts general jurisdiction because they must follow the Constitution since it is the Supreme Law of the Land. Holding: For uniformity of decisions the United States Supreme Court is the singular revising authority to control discordant state court judgments and harmonize them into uniformity so that they aren’t applied differently by different states.

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Hassel_Constitutional Law I_ Fall 2011

Political Restraints on the Supreme Court (p27) 1. Judicial selection 2. Impeachment for conviction of treason, bribery, or other High Crimes and Misdemeanors. 3. Constitutional Amendment Article V gives two methods: a. Congressional Proposal b. State-initiated convention 4. Court Stripping- Article III, Section 2 gives Congress the power to make "exceptions" to the Supreme Court's appellate jurisdiction. 5. Court packing- setting size and budget for the court is given to Congress in Article III, Section 2

The "Case or Controversy" Requirements Article III, section 2, clause 1
The judicial power should extend to a list of enumerated "cases" and "controversies". Court has refused to give: Advisory opinions- opinions on the legality of executive or legislative action that did not involve and actual "case". *Some state supreme courts are authorized to issue advisory opinions. STANDING *Advocacy is need to have both sides presented. When a party has staked a claim it will be able to articulate injury more vigiously then if there is just a general question presented to the court.* Textual Approach- the fact that put in the limit for standing and court must look at word meaning to try and determine. Structural Approach- don't want to infringe on other branches of the government. LUJAN v. DEFENDERS OF WILDLIFE "Scalia Opinion" Plaintiff's needed to show redress ability and actual injury. Court rejected view that Plaintiffs' had standing due to procedural injury. Rule: A plaintiff raising only a generally available grievance about governmentclaiming only harm to his and every citizens' interest in proper application of the Constitution and laws, and seeking relief that no more directly and tangibly benefits him than it does the public at large - DOESN'T state an Article III case or

Ripeness Doctrine. . CARR Rule: The Guaranty Clause may not be used as a source of a constitutional standard for invalidating state action. 2. c. Standing Elements: 1. Some matters are committed to the unreviewable discretion of the political branches. b.com Hassel_Constitutional Law I_ Fall 2011 controversy. BAKER v. States can have standing due to interests of citizens.Downloaded From OutlineDepot. Lack of standards. MASSACHUSETTS v. 2. Some otherwise legal questions ought to be left to the other branches as a matter of prudence. Need for finality • Avoidance of chaos or confusion.When the dispute is insufficiently developed and is instead too remote or speculative to warrant judicial action. a. Guaranty clause: all states must be republic. It suffered at "concrete and particularized" injury that is actual or imminent. Congress can’t give standing where there shouldn't be any through case or controversy provision. (Causation) 3. Guarantee Clause is non judiciable because whether a state is a republic or not is a question for Congress.greenhouse gases causing water to rise. Textual commitment to another branch.When litigants who clearly had standing to sue at the outset of the litigation are deprived of a concrete stake in the outcome by changes in the facts or in the law occurring after the lawsuit has gotten underway. ENVIRONMENTAL PROTECTION AGENCY Injury. A favorable decision could redress that injury. plaintiff is losing land. POLITICAL QUESTION Two Strands of political question doctrine: 1. but an equal protection claim may be so used where it doesn't implicate a political question. Mootness. Facts: Plaintiff's want reapportionment of votes. Injury is fairly traceable to the defendant.

THORNTON (p76) Arkansas wanted to end eligibility after 3 terms in House of Representatives or 2 terms in the Senate. The whole can tax the parts but the parts can't tax the whole.Downloaded From OutlineDepot. or to the people.com Hassel_Constitutional Law I_ Fall 2011 Could have brought suit under Equal Protection Clause is judicable because it's not committed to another branch. McCULLOCH v. A state can't add qualifications (i. v. Court says that's the judgment for Congress. The States can't tax the federal government because it would defeat the purpose of the government being able to accumulate money through taxation. U. nonincumbency) to terms. TERM LIMITS. Luther v Borden (p 51): Guaranty Clause can't be used by the judiciary to identify a state's lawful government.e. Dual sovereignty results in more individual liberties. DISSENT: People of the state should have ability to enforce amount of representation. MARYLAND Congress can incorporate a bank because of implied power that it needs to be in charge of money so if a bank is useful to Congress than they can incorporate it. nor prohibited by it to the States are reserved to the States respectively. Can't tax operations of the federal government but federal government has to pay real estate taxes because those taxes can be controlled by representative reinforcement.Forbidden acts of the States. The 10th Amendment to the Constitution: the powers not delegated to the United States by the Constitution.  Necessary and Proper clause expands Congresses power. which is that representatives elected by the people of the state can be made to enforce fair rules of the state or they will not be reelected into office. INC. . Section 10. Rationale: 1.S. Article I. *Political question comes up when its questions of whether something in another branch is right.* CHAPTER 2: The Nation and the States in the Federal System Vertical separation of powers between nation and the states and horizontal separation of powers among the federal branches. and the 14th Amendment allows it to be enforced by the judiciary. and thus not reserved to the States by the 10th Amendment. Power to add qualifications is not within the "original powers" of the States.

v.com Hassel_Constitutional Law I_ Fall 2011 2. Hipolite Egg Co. Substantial economics effects test. E. United States Court. v. The people and Congress have the power to add qualifications by amending the Constitution.C. GIBBONS v. Sherman Act.Y. Powers divested by the Constitution since it was intended by the Framers to be the exclusive source of qualifications for members of Congress. Don't want one states morality to affect another state. Commerce power is most used federal power. not the actual commerce of sugar. United States Mann Act. Note Cases: U. Court. Court.illegal to monopolize or engage in anticompetitive conduct. OGDEN Facts: Ogden given sole permission to ferry boat by N. Commerce clause gives power to federal government to regulate commerce and navigation. Champion v. Gibbons given permission to ferry boat by federal statutes.Transportation can be regulated. Knight Co. and among the several States. Hoke v. Section 8. Congress made them regulate the rate.Congress can regulate morality in transportation. Shreveport Rate Case Train company had different rates between interstate and intrastate.Congress shall have the power to regulate Commerce with foreign Nations. Here buying up sugar plants only goes to the refineries. and with the Indian Tribes.Ability to confiscate outlaws of commerce even after no longer within interstate commerce.S.Article I. Ames (lottery case) Congress can regulate morality of goods. CHAPTER 3: The Commerce Power and Its FederalismBased Limits Commerce Clause .prohibited the transportation of women in interstate commerce for immoral purpose.Sherman Act can only regulate things that only directly effect interstate commerce. Court. .Downloaded From OutlineDepot.

"The Sick Chicken Case" Act unconstitutional. Applied the Hammer v. 1. not all aspects of business. U. DISSENT.S. .Interstate prices are directly affected.com Hassel_Constitutional Law I_ Fall 2011 Court. Transends authority for Congress to regulate commerce. HAMMER v. Rule: Government has the power to protect interstate commerce from burdens and obstructions. that power is complete in itself and that Congress. Carter Coal Co. Direct/intimacy on impact of commerce. JONES & LAUGHLIN STEEL CORP.Downloaded From OutlineDepot. which it can't do under this type of Act over states. DISSENT: (Holmes) once a business moves across state lines it can be regulated and Congress has right to carry out views of public policy. not only means necessary but convenient to its exercise. that child labor doesn't directly enough fall into commerce. Here Congress tried to standardize the ages of child employment.Production of coal is a purely local activity so can't regulate wages and maximum hours. Congress can't have the power to regulate state child labor hours. Wages and hours aren't subject to federal control under Commerce clause. and the means may have the quality of police regulation. National business would effect commerce. Dagenhart rule that goods are regulated. Similar to a Knight argument. DAGENHART "The Child Labor Case" Congress can't use laws to make states regulate unfair competition between places that allow child labor and those that don't. Carter v. as an incident to it may adopt. THE COMMERCE POWER AFTER THE NEW DEAL NLRB v. 2."Cardozo". THE COMMERCE POWER AND THE NEW DEAL Schechter Poultry v. NLRB wanted federal government to enforce the board's order for the defendant to end discrimination and coercion in their unfair labor practices. reversing the lower court's opinion that the order lay beyond the range of federal power. Supreme court enforced the order. Can regulate activity if it is closely and substantially related to interstate commerce.upheld Mann Act under the principle that Congress has power over transportation 'among the several states'.

Downloaded From OutlineDepot. McClung . Court.Commerce power extended to include motels. Filburn " The Wheat Quota Case" Congress regulating amount of wheat that plaintiff can sell. African American were being discriminated against in hotels.Congress can reach anything that exerts a substantial economic effect on interstate commerce.S. DARBY Overruled Hammer Once a business gets into interstate commerce Congress can regulate it to protect against unfair competition. Congress can control means to carry out policies against unfair competition. would be effected by world conditions. In the absence of regulation the price of wheat in the U. Test: 1. Court. U. Permitted Congress to regulate the literal shipment of goods across state lines even if the motive of the regulation was to control aspects of local production. Dagenhart) 2.com Hassel_Constitutional Law I_ Fall 2011 Rationale: Congressional power can be used to reach activities that are deemed burdensome or obstruct commerce. 2. Marketing quota held constitutional. UNITED STATES v.S. (Overruled Hammer v. Can regulate wage and hour requirement because Congress has power over things that substantially effect on interstate commerce. Heart of Atlanta Motel v. Whether there is a real and substantial relation to the national interest. Note Cases: Wickard v. Substantial effects of local economic activity on interstate commerce as basis for congressional authority. Katzenbach v. Interference with free flow of interstate travel since discrimination discourages travel in the African American community. Two holdings in Darby: 1. DISSENT. Whether activity sought to be regulated affects more states than one.Effect on interstate commerce too remote.

• Bad educational environments cause worse students so worse future economy. 46% of restaurant's meat was bought from local merchants that purchased it from another state. Channels of interstate commerce. Law not a part of a larger scheme to regulate commerce. Could have also been amended to say that it was unlawful to purchase a gun from another state that you intend to bring to school. • Cost of violent crimes shared. Here Test applied was substantial effect on commerce test. Law was amended. Activities having a substantial relation to interstate commerce. "items moving" 3. Rationale: 3 categories of commerce regulation: 1. Act EXCEEDED commerce clause power. Distinction shouldn't be made between commercial and noncommercial in this case since schools can fall on commercial side. THE REHNQUIST COURT'S REVIVAL OF INTERNAL LIMITS ON THE COMMERCE POWER UNITED STATES v. "means and movement" 2. 14th Amendment couldn't be applied because it doesn't cover discrimination by private parties. Perez v. CONCURRENCE. DISSENT. 3. People need to know who to hold accountable for unjust laws so judiciary has to limit legislative power. .Downloaded From OutlineDepot. 2.com Hassel_Constitutional Law I_ Fall 2011 Congress can regulate restaurants that get their food from other states. to say that it's a federal crime to be found with a gun that has traveled in interstate commerce.1. Creates a legal uncertainty in this area of law. Majority's holding is contrary to case law.Extortion has economic effects on economy due to connection to organized crime. Court. LOPEZ Government tries rationale for restricting guns in school: • Reduced travel to "unsafe" areas. and found constitutional. only by the government. Instrumentalities of interstate commerce.too much rides on modern interpretation of commerce power to rid of substantial effects to commerce test. United States Federal criminal statutes also covered by Commerce Clause.

Necessary and proper clause makes constitutional because for a large regulatory scheme. MORRISON Violence Against Women Act.No interstate commerce effect. EXTERNAL LIMITS ON THE COMMERCE POWER: FEDERALISM AND THE 10th AND 11th AMENDMENTS Tenth Amendment . Doesn't go to activity that is economic in nature. or by Citizens or Subjects of any Foreign State."Scalia". reasoning would have allowed Congress to regulate any crime as long as the nationwide. it may be necessary to regulate smaller things to carry out the larger theme and purpose. Non-commercial. or to the People. but here want to regulate to the point that no amount can be produced."The powers delegated to the United States by the Constitution. Note Cases: National League of Cities v. If accepted. . the act is constitutional.com Hassel_Constitutional Law I_ Fall 2011 UNITED STATES v. Usery " Traditional Control" Congress can directly displace the States' freedom to structure integral operations in areas of traditional governmental functions. production.Downloaded From OutlineDepot. obtaining."The judicial power of the United States shall not be construed to extent to any suit in law or in equity. nor prohibited by it to the states. or consumption. or manufacturing cannabis for personal medical use.prevents people from possessing." Can't sue your state as an individual. it is still subject to federal regulation. DISSENT. Eleventh Amendment . RAICH Controlled Substance Act. Inconsistent with Wickard. but Wickard regulated wheat after a certain amount is produced. aggregated impact of that crime has substantial effects on employment. Only states can enact a law such as this."O'Connor". are reserved to the States respectively. Indistinguishable from Lopez and Morrison. CONCURRENCE.all persons should have a right to be free from crimes of violence motivated by gender. GONZALES v. because the court refuses to excise individual components of a larger scheme and given the finding of the CSA and the magnitude of the commercial market for marijuana. Even though used domestically rather than sold on the open market. transit." Possible structural marker for state sovereignty. commenced or prosecuted against one of the United States by citizens of another State. Court says CSA is like Wickard.

Monetary incentives which allowed states with disposal sites to impose a surcharge on waste received from other states.Downloaded From OutlineDepot. . Access incentives. Congress may abrogate the 11th Amendment in cases where Congress uses Commerce power or Due Process Clause. Take Title sanction. ELEVENTH AMENDMENT Ex parte Young Can't sue state but can sue state officials for injunctive relief. United States Congress can't pass laws to commandeer state executive branch officials either. providing that a state that failed to provide for the disposal of all internally generated waste by a particular date must take title to the waste and become liable for all damages suffered by the waste's generator or owner. Accountability is diminished when state officials aren't the ones regulating. People can't sue state because then financial danger might ensue and that will encroach on state sovereignty. Constitutional committee chose the Virginia Plan that Congress would exercise legislative authority directly upon individuals without employing the states as intermediaries. Printz v. (Court Affirms) 2. (Court Affirms) 3. Seminole Tribe of Florida v. UNITED STATES Congress tried to make states take care of radio active waste in 3 ways: 1. ( Court Denies) Congress can't compel states to enact federal regulatory programs.com Hassel_Constitutional Law I_ Fall 2011 Garcia v. San Antonio Metropolitan Transit Authority "Overruled National League of Cities" Rejected whether governmental function is integral or traditional. • Can't sue state in State or Federal Court. The Tenth Amendment stands for political accountability. which allowed states to increase the cost of access to their sites and then deny access altogether to waste generated in states that did not meet federal deadlines. Florida Took away power of Congress to abrogate (override) the 11th Amendment because state sovereignty is protected by the 11th Amendment. NEW YORK v.

BUTLER Agricultural Adjustment Act of 1933 . SPENDING POWER UNITED STATES v. and Excises.Article I.) 2. penalty" Child Labor Tax of 1919 . to pay the debts and provide for the common defense and general welfare of the United States. (Unconstitutional) Here the tax has become more of a penalty since as soon as a business has one child laborer.Congress has the power to lay and collect Taxes. Clause 1 . (Spending power limited to other enumerated power. CHAPTER 4: Taxing. Drexel Furniture Co. and Foreign Affairs Taxing Power. Rule . Individuals can sue for injunctive relief. Duties. Madison View: The grant of power to tax and spend for the general national welfare must be confined to the enumerated legislative fields committed to Congress. War.Imposed a federal excise tax of 10% of annual net profits on every employer of child labor in the covered businesses. (Unconstitutional) Two different views of the Taxing Power clause: 1. and Congress subsequently has a substantive power . The payments were to be made out of a processing tax paid by the processor "upon the first domestic processing" of the particular commodity. Imposts.Authorized the Secretary of Agriculture to make contracts with farmers to reduce their productive acreage in exchange for benefits payments. But this time the extension of the penalizing features of the so-called tax when it loses its character as such and becomes a mere penalty with the characteristics of regulation and punishment. that company must pay a 10% tax.Can't allow congress to enact regulations and to just enforce them by using taxes. Spending.com Hassel_Constitutional Law I_ Fall 2011 • • Federal Agencies can sue the States. Section 8. CHILD LABOR TAX CASE {Bailey v. Taxes are occasionally imposed in the discretion of the legislature on proper subjects with the primary motive of obtaining revenue from them and with the incidental motive of discouraging them by making their continuance onerous. Hamilton View: Confers a power separate and distinct from those later enumerated.} "tax v.Downloaded From OutlineDepot. is not restricted in meaning by the grant of them. Treaties.

2. Conditional appropriation of money. Must be related to the federal interest in particular national projects or programs. 3. The unemployment compensation law which is a condition of the credit has been approved by the state and could not be law without it.) Court adopts the Hamilton View.Directed the Secretary of Treasury to withhold 5% of the federal highway funds otherwise payable to states from any state that permitted the purchase of alcoholic beverages by persons less than 21 years old. State has power to revoke contract. The standard from clause is national purpose. SOUTH DAKOTA v. 3. Not directed to the attainment of an unlawful end. (Spending power is its own enumerated power.Downloaded From OutlineDepot. It is a statutory plan to regulate and control agricultural production. not coercion. a matter beyond the powers delegated to the federal government. DOLE National Minimum Drinking Age Act . DISSENT: Gives incentives but isn't coercive. Cardozo distinguishes from Butler: (p160) 1. . v. 2. 2. Act not voluntary because: 1. The limit of Congresses power to tax is confined in the clause which confers it. 4.com Hassel_Constitutional Law I_ Fall 2011 to tax and to appropriate. Act here can’t be enforced because of another principle embedded in the Constitution. (Constitutional) Congress can attach conditions to federal funds as long as: DOLE FourPart test: 1. Charles C. Loss of benefits with non compliance. Steward Machine Co. The act invades the reserved rights of the states. Proceeds not earmarked for a special group. The exercise of the spending power must be in pursuit of the general welfare. limited only by the requirement that it shall be exercised to provide for the general welfare of the United States. Davis "THE SOCIAL SECURITY CASES" The Social Security Act is found Constitutional. Must made the condition of funding clear and enable to States to exercise their choice knowingly cognizant of the consequences of their participation.

The Dormant Commerce Clause. or selling any of the migratory birds included in the treaty. caputuring.prohibited that killing. absent discrimination against interstate commerce. THE WAR AND TREATY POWERS AND IMPLIED POWER OVER FOREIGN AFFAIRS WOODS v. CONCURRENCE: War powers can't last as long as the consequences of war because those consequences may be indefinite. or K. court asks whether challenged law discriminates against interstate commerce. state can’t fill void .com Hassel_Constitutional Law I_ Fall 2011 4. MISSOURI v. Congress says nothing. equal protection or the ban on cruel and unusual punishment. Congressional Power Over "Foreign Affairs" (p 172) THE DORMANT COMMERCE CLAUSE Federal Limits on State Regulation of Interstate Commerce In dormant Commerce Clause analysis. Market Participant Exception to the Dormant Commerce Clause The state may not impose conditions. but also limit on states 1. Rule: When state action wouldn't be enough. Title II of the Housing and Rent Act of 1947 . HOLLAND Migratory Bird Treaty Act . the law is upheld unless burden imposed on interstate commerce is clearly excessive in relation to putative local benefits Consent to State Laws: congress may affirmatively consent to state interference w/ interstate commerce. that have a substantial regulatory effect outside of that particular market. Wunnicke.Downloaded From OutlineDepot. CLOYD W. A.not just a grant to Congress. in which case the law is virtually per se invalid. MILLER CO.(Constitutional) Need to remedy deficit in housing caused by the heavy demobilization of veterans and by the cessation or reduction in residential construction due to the war. regulation. Rule: Congress can use war powers to cope with conditions caused directly and immediately by war. and survives only if it advances legitimate local purpose that cannot be adequately served by reasonable nondiscriminatory alternatives. whether by statute. Congress may not require the States to violate due process. federal gov’t still regulates. the government may form a treaty or statute to regulate.

NEW JERSEY "New Jersey waste ban. OGDEN Meaning of congressional silence: states could regulate commerce in a particular way if there was no actual conflict between the state regulation and an act of Congress. structural argument.not cool Taxation v. Congress could pass law like this but not State. State is doing this to bolster property on waterway-okay COOLEY v. it is exercising the very power that is granted to congress and is doing what congress is authorized to do." Health concerns about New Jersey trash. BOARD OF WARDENS State can discriminate for health. protection.) to get an economic advantage. Rule: A virtually per se rule of invalidity against state discrimination against outof-state commerce. PHILADELPHIA v. Congress is silent. Wilson v. Out-of-state landfill owners would get money from people who can't bring trash into New Jersey.Delaware damned a navigable creek a. . In-state dump owners would get profits. not for purposes of putting more money in local’s pockets National v. Unconstitutional because impermissibly protectionist. Local Matter: States can regulate local. Dormant Commerce Clause Cases GIBBONS v. creates chaos if states regulate their own ii.) health. safety. Look at intent of state (1.com Hassel_Constitutional Law I_ Fall 2011 i. state can do it b. .Downloaded From OutlineDepot. its not exercising that power of the others.probably okay (2. Commerce: • Tax : Power of taxation is indispensable to the existence of the states and the states constitute an important part of the federal govt. • Commerce : When a state proceeds to regulate interstate or foreign commerce. implies states don’t have power iii.you can’t have two sovereigns in one field 2. Black-Bird Creek Marshall Co. commerce delegated to C. When each state exercises its own tax power. Court takes high amount of scrutiny and gives no difference to the state. but not national. • Taxation can be exercised by different authorities at the same time. no action means Congress doesn’t want anything to happen iv.

Rule & Exception. Can't do it. West Lynn Creamery. CLARKSTOWN Flow control ordinance. (1. in a narrow class of cases in which the municipality can demonstrate. Rule: Can't discriminate against interstate commerce if reasonable. national concern possibility.) Congress is still regulating interstate commerce. that it had no other means to advance a legitimate local interest. Maine v. All garbage needs to go to new facility (privately owned). all working for city. v. only solution.state is participating as buyer and okay to control. v.) Voters have say about how much things can cost. but state was giving back to state producers. Requirement for Market Participation Doctrine Permits a state to influence "a discrete. (3. Local v.com Hassel_Constitutional Law I_ Fall 2011 Representative Reinforcement. Alternatives v. Court says legitimate environmental effects.) State is acting as an individual company. Taylor "Bait Fish" Want to protect ecological effects on possible presence of parasites and non-native species.Court needs to represent minority or states who's rights are violated. DEAN MILK Co. SOUTH-CENTRAL TIMBER DEVELOPMENT Inc. Healy Taxing everyone okay. C & A CARBONE. (2. identifiable class of economic activity in which it is a major participant. v. MADISON Madison ordinance: Barred sale of pasteurized milk unless it had been processed and bottled at an approved pasteurization plant within 5 miles of central square of Madison.a state or city may discriminate in favor of its residents when it is a market participant.city demanding people work for contractors. WUNNICKE Alexandria Scrap . (Cement Case) White .Downloaded From OutlineDepot. Inc. (Scrap Case) Reeves . But.Discrimination against interstate commerce in favor of local business or investment is per se invalid. non discriminatory alternatives are available that conserve local interests. . basically only taxing out of staters. v. under rigorous scrutiny.state is selling to in-staters only. THE MARKET PARTICIPANT EXCEPTION TO THE DORMANT COMMERCE CLAUSE Market participant exception. Inc.

{Iowa trying to protect highways by limiting truck size} 2.) H. Inc. Governor of M. Protectionist purpose is safety.com Hassel_Constitutional Law I_ Fall 2011 BALDWIN v. SEELIG. MAYOR AND COUNCIL OF CAMDEN A Camden statute provided that 40% of all employees working on city funded projects must be Camden residents.D. it serves as a restraint on state efforts to bar out-of-staters from access to local resources. CONSOLIDATED FREIGHTWAYS CORP. G. Two steps with privileges and immunities clause: 1. Like the Dormant Commerce Clause. Kind of facially discriminatory. Du MOND Rule . Not favoring MD because doesn't have its own refineries or producers so has to get gas from out of state anyways. (Wouldn't allow sale of out-of-state milk if bought for cheaper than local price.) Exxon Corporation v. MD prohibited producers and refineries of petroleum products. • Corporations have no protection under P&I clause • Congress may not waive P&I clause • P&I extends only to fundamental rights • No Market Participant exception UNITED BUILDING & CONSTRUCTION TRADE COUNCIL v. Whether effects a fundamental right. Rule .P. 3. Section 2: The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens of the several States. Benefit to state is small compared to burden to interstate travel. KASSEL v.} .Protectionism is per se invalid. Balancing interstate harm against local benefit. {Court here holds right to be employed is a fundamental right.Downloaded From OutlineDepot.A. Inefficient flow of traffic. States are not separable economic units. OK because allows national chains and locals to have gas stations. Exclusion of competition is invalid. PRIVILEGES AND IMMUNITIES CLAUSE OF ARTICLE IV Privileges and Immunities . (Wouldn't give license to out-of-state milk depot. HOOD & SONS v.Can't prevent destructive competition.Article IV.F. (Pike balancing test (p213)) 1. just not producers or refineries.

If Congress hadn't rejected the idea and there was a history of presidential seizures. When the president takes measures incompatible with the express or implied will of Congress.implied consent) Look at politics. then president would be able to. Field pre-emption Federal rules seem to want to be sole regulator.com Hassel_Constitutional Law I_ Fall 2011 2. (Zone of Twilight) Congressional inertia. at least as a practical matter. FORMALIST APPROACH. {Court remanded to investigate if high unemployment rate is enough. When the president acts pursuant to an express or implied authorization of Congress. PREEMPTION Three different kinds of Preemption: 1. for then he can only rely upon his . v. for it includes all that he possesses in his own right plus all that Congress can delegate. Express preemption. only about the law. Only powers given by constitution. potential effects. FUNCTIONALIST APPROACH. JUSTICE JACKSON'S TRIPARTITE SYSTEM (most used) 1. Conflict pre-emption: compliance w/ both State and fed law is physically impossible.} Supreme Court of New Hampshire v. 2. enable. and tripartite system. Article I Delegates to Congress all legislative powers granted "herein". 2. measures on independent presidential responsibilities. or quiescence may sometimes. 3. Rice v. his authority is at its maximum. Being able to practice law is a privilege. Congress rejected the idea of giving the president the right to take steel mills even though threat of national strike. Piper Law limited out-of-state bar admissions. YOUNGSTOWN SHEET & TUBE Co. his power is at its lowest ebb.Congress must be pervasive. (Silent Consent) (Justice Frankfurter. if not invite.Downloaded From OutlineDepot.. Implied pre-emption a. Must be a substantial reason for the discrimination. indifference. makes it clear no room for State to supplement b. SAWYER {The Steel Seizure Case} Commander-in-Chief doesn't give president power to seizure. Congress trumps CHAPTER 6: Separation of Powers Article II Vests executive power to President without qualification. Santa Fe Elevator Corp.Black doesn't care about consequences.

(Falls under zone of twilight. Section 8. clause 2 . Article I.President controls the entire executive branch.) Executive Order .) Ex parte Milligan Milligan was a citizen and was caught in state of U. AND WAR POWERS Article I.Confers upon the President the authority to act as Commander-in-Chief of the armed forces. Has extended by law such 60-day period.com Hassel_Constitutional Law I_ Fall 2011 own constitutional powers minus any constitutional powers of Congress over the matter. Clause 12 & 13 . Habeas Corpus. CONGRESS. 3.) War Powers Resolution of 1973 President may introduce troops into hostilities for sixty days only to: 1. (Scalia. After 60 days President must terminate use of Armed Forces unless the Congress: 1. DAMES & MOORE v. He was not a confederate soldier so he had a right to trial.Gives Congress to "declare war". REGAN Rule: President has power to suspend pending claims against foreign countries where such action is necessary to the resolution of major foreign policy and Congress has given implied consent to act. Section 8.Downloaded From OutlineDepot.S. 3. Section 9.The privilege of Habeas Corpus shall not be suspended unless when in cases of rebellion or invasion the public safety may require. Section 2 . (Unitary Executive theory. Specific statutory authorization.power to go to court to see if rightfully detained. 2. Can be given statutorily (Congressional power).Habeas corpus doesn't apply extra-territorially. Is unable to meet due to attack on United States. Clause 11 . Ex PARTE QUIRIN . (Congress has power to suspend writ. that was nonrebellious. just order from President. Can use implied power or consent from Congress to give orders.Doesn't need approval from Senate. Article I. 2. Article II. Has declared war or has enacted a specific authorization for use of Forces. A declaration of war. A national emergency created by attack upon the United States. THE PRESIDENT.Gives Congress power to raise and support armies and navies.

2.No law may take effect without majority concurrences from House and Senate.) Guantanamo Bay detainees have right to trial. FORMALIST APPROACH . Section 7. .Statute violated Presentment clause and bicameralism. RUMSFELD Rule: Accused terrorists are entitled to hearings before regular tribunals. clause 3 . INS v. RUMSFELD Rule: The government may detain citizens as enemy combatants. 3.Downloaded From OutlineDepot. Bicameralism . Martial law is declared. CHADHA Only times when one house of Congress may act alone and is not subject to President's veto. or resolution passes through the House and the Senate. then presented to the President. HAMDI v. HAMDAN v. Presentment Clause . but due process demands that they be afforded meaningful opportunity to contest factual basis for detention before a neutral decision maker.Every order. (in supplement) CONGRESSIONAL CONTROL OVER THE ACTIONS OF THE EXECUTIVE BRANCH Principle of Non-delegation . The chief justice referred to the power of the House to initiate impeachments. NEW YORK Line-Item Veto. (Conspiracy not triable as law of war violation. CLINTON v. The Senate's power over presidential appointments. 2. Statute must fall into one of the 4 constitutional provisions in order to authorize one house to act alone. 1. 4.Article I. Sections 1 & 7 . Senate's power to conduct trials on impeachment charges. Unlawful enemies are not entitled to prisoner of war status so denied right to jury trial before civilian courts and subject to trial before military tribunals. Can only use military commissions in 3 contexts: 1. When temporary government exists. Violation of law of war. vote.Article I.Congress may not constitutionally delegate its legislative power to another branch of the government.Gives the President the power to disallow particular items of national spending without vetoing the entire bill.com Hassel_Constitutional Law I_ Fall 2011 Saboteurs are unlawful enemies. 3. Senate's power to ratify treaties.

have been done before. Section 2.Look to history.The President shall nominate. not aggrandizing Congresses power.President can only veto and send back. Indpt counsel is only removal able by AG for good cause (1. BOWSHER v. Inferior Officers (i. Would permit Congress to intrude into executive function which is unconstitutional.How is act really causing problem? Separation of powers. Judges of the Supreme Court.com Hassel_Constitutional Law I_ Fall 2011 Rule. and which shall be established by Law: but the Congress may by Law vest the Appointment of inferior Officers. as they think proper.) superior has independent relationship w/ Pres (ii. clause 2 . and by and with the Advice and Consent of the Senate.Downloaded From OutlineDepot.) if special P goes bad. Law sunsetted and no longer exists (1. or in the Heads of Departments. and all other Officers of the United States whose Appointments are not herein otherwise provided for.) What stops bad P? impeachment and political pressure (3. we’ve got no way to stop him . FORMALIST APPROACH .) Superior v. not just change the law before he passes it. Not encroachment. DISSENT "Breyer". in the President alone. Section 7.Not a presentment violation FUNCTIONALIST APPROACH . in the Courts of Law. shall appoint Ambassadors. Limited Congress still retains control.Article II.) possibly seems like a waste of $. potential for abuse DISSENT "Scalia" FORMALIST APPROACH (1. CONGRESSIONAL CONTROL OVER EXECUTIVE OFFICERS Appointments Clause .Act takes power away from P (2. DISSENT "Scalia". can be done now.) inferior has supervisor who reports to P b.) this is okay b/c it’s indpt of Pres c. MORRISON v. OLSON Courts appointed an inferior office in Special Agent (1. FORMALIST APPROACH .) Sep of power.Legislative branch control the executive branch.Line-item vetoes are equivalent to partial appeals of Acts of Congress that fail to satisfy Article I. SYNAR Rule: Congress can't remove executive officers.) Ct didn’t want P to have power to remove ppl who were investigating him (2. Congress can't appoint inferior officers because then they'd be able to control who enacts their laws and how.

CHAPTER 7: Post-Civil War Amendments: "Fundamental" Rights and the "Incorporation" Dispute BARRON v. Privileges and Immunities . Ct says yeah right ii. Art. CONCURRENCE: President has burden to present court need for postponement. Allowing Fed gov’t to control would be radical . Nixon v.com Hassel_Constitutional Law I_ Fall 2011 EXECUTIVE PRIVILEGES AND IMMUNITIES UNITED STATES v.14th Amendment SLAUGHTER-HOUSE CASES Could be a dormant commerce clause problem i. Next tries Equal Protection Clause. being forced to work for someone else. Can provide them c. right to prop. First argument is that it violates 13th Amend a.) NOT fundamental rights (2. 2.fundamental rights (1. happiness and safety (2. JONES Rule: A sitting President doesn't enjoy temporary immunity from all civil lawsuits based on his unofficial acts. 14th Amend refers to rights granted to citizens of US (1.15th Amendment So Important. Due Process Clause. Privileges and Immunities a. MAYOR AND CITY COUNCIL OF BALTIMORE Rule: The just compensation provision of the 5th Amendment doesn't apply to the states. Only national security and diplomatic information is protected.) protect by gov’t. Marshall: First 9 amendments limited to the government. called 2nd Framing of Constitution.) only fed. NIXON Rule: The President can't use separation of powers to enjoy an absolute generalized privilege which would be allowed him to shield all communications from a subpoena in a criminal proceeding. CLINTON v.nice try this is treating ppl fairly iii.13th Amendment Equal Protection . VI Sec.) States decides individual rights are b.Downloaded From OutlineDepot. Fitzgerald Rule: Absolute immunity from civil liability for his official acts.

Apply amendments when states violating • Scheme of ordered liberty. Commerce clause gives power to attack individuals discrimination. Discretion should be given to Congress not to judiciary. Adamson v. (Privileges and Immunities Article IV. ROE 3 Components to Right to Travel: 1.Downloaded From OutlineDepot. Privileges and Immunities are only those enumerated in Constitution. Right to travel from one place to another. • Fairness and justice. Right of new citizen to privileges and immunities of old citizens. DUNCAN v.) Dissent points out that 14th Amend doesn’t add anything under this interpretation d.) ct is hesitant to create more rights under constitution (2. "FRANKFURTER". (Privileges and Immunities . Citizen's can chose state.state citizenship) 3.14th Amendment . The Civil Rights Statutes of the Reconstruction Era (p675) THE REQUIREMENTS OF STATE ACTION CIVIL RIGHTS CASES . 14th Amendment requires the right to jury trial through the 6th Amendment.If total incorporation then lose ability to add new methods and lose of autonomy of the state. HELLER Possible incorporation of right to bear arms. DISTRICT OF COLUMBIA v. state can’t chose citizens.national citizenship) Citizenship is equated with residency. LOUISIANA Trial by jury is fundamental to the American scheme of justice. SAENZ v. CHAPTER 10: State Action & Congressional Power to Enforce Civil Rights The 14th Amendment applies to state action. Right to be treated as a welcome visitor.com Hassel_Constitutional Law I_ Fall 2011 (1.total incorporation of the Bill of Rights. (Commerce Clause) 2. Section 2 . "INCORPORATION" OF THE BILL OF RIGHTS THROUGH THE DUE PROCESS CLAUSE Palko v. not individuals. Connecticut "SELECTIVE INCORPORATION" "CARDOZO". California "BLACK'S DISSENT".

. many states altered tests to allow certain illiterates to pass 2.com Hassel_Constitutional Law I_ Fall 2011 Limits amendments to apply to state action. banned all literacy tests and focused on the South KATZENBACH v. Winnebago Due process doesn't require state to protect the life. METROPOLITAN EDISON CO. Evans v. Wilmington Parking Authority The public building and parking of a private restaurant made it financially interdependent with the State so discrimination was 14th Amendment violation. ENTANGLEMENT EXCEPTION. and property of its citizens against invasion by private actors. liberty. Burton v. CONGRESSIONAL POWER TO ENFORCE CIVIL RIGHTS UNDER SECTION 5 OF THE 14TH AMENDMENT 1. After Civil War i. it reverts back to heirs. {symbiotic relationship standard} DeShaney v. it becomes a state action and violates the 14th Amendment. b. Congress can prevent discrimination against Puerto Rico b/c the literacy test is a mechanism to discriminate. NY says you can’t speak English. Irvis Liquor license doesn't sufficiently implicate the state in the discriminatory guest policies of Moose Lodge. you’re limited to how you can learn about candidates and their position so you can’t vote. Redress has to be from the laws of the States not Congress. Since town can't comply. Minorities not allowed to vote unless they could pass a literacy test ii. Test for state action: Whether there is a sufficiently close nexus between the State and the challenged action of the regulated entity so that the action of the latter may be fairly treated as that of the State itself. SHELLEY v. encourages. MORGAN Act says if you finished 6th grade in Puerto Rico you can vote. Moose Lodge No. JACKSON v.Downloaded From OutlineDepot. KRAEMER Rule: Covenants are private actions but once courts are needed to uphold. 107 v. or facilitates private conduct that violates Constitution. Voting Rights Act of 1965 i. Abney Town can't run park for "whites only" even though park willed to town with that restriction.state action if government authorizes. a.

) applies to private employers through commerce Nevada Department of Human Resources v. (3.) Congress can ensure more than Constitution requires.) congruence.) they can prohibit a literacy test b/c it’s necessary to promote equal protection.must be fixing constitutional power (2. Federal Government is still subject to RFRA Congress can pass laws against itself but can’t pass a law that take away right given to state by the Constitution. Florida Board of Regents State employees can’t sue for violations of Age Discrimination in Employment Act.) no evidence states trying to prevent religious freedoms c. a.) History & 14th show Congress fixes problems not create them (2. UNITED STATES v.) proportionality. Ct applied Bourne test (1. Created two part test (1. Kimel v. but cannot take away more.) Katzenbach. (2. MORRISON Ct found civil damages of Violence Against Woman Act unconstitutional. FLORES RFRA requires that any time a state creates a law that interferes w/ someone’s religious rights the gov’t MUST prove they have a good reason b.remedy must fix a specific problem. Hibbs Family Medical Leave Act was appropriate for gender discrimination.obvious 14th amend is being violated (3. Gender-based discrimination has a higher level of scrutiny .) no widespread problem or a solution that will work (i. can’t be too broad d. What’s the difference b/t this and Katzenbach? (1. a. Evidence that states are violating these rights b. Rule: Congress may override a state law if it could find a reasonable basis to percieve that the law is violating equal protection CITY OF BOERNE v.Downloaded From OutlineDepot.com Hassel_Constitutional Law I_ Fall 2011 (1.) no evidence that states are violating the rights (2. Statute here is not corrective in its character and not meant to redress state officer's wrongful conduct.) Congress can reform one step at a time.) Congress uses the necessary and proper clause: (i.

Right to join a union. Adkins v. Problems with Lochner: States should be free to adopt whatever economic theory they want and here court adopts laissez faire/ economic Darwinism. 5 is only valid if it is remedial.Downloaded From OutlineDepot. Natural Law Applied here. . but also have a right to kt away your right to join the union. NO DEFFERENCE GIVEN TO STATE. Kansas "yellow dog kt" Law unconstitutional.Pre-exists written law. not economic freedom which isn't an individual right.Only law is that which is set forth in Constitution. not a discrimination deterrent. Now that the 19th Amendment (women's suffrage) passed. Let individuals kt how they want to.com Hassel_Constitutional Law I_ Fall 2011 (1. POSITIVE LAW . Rational Basis Test: If both than allow. LOCHNER v. NEW YORK Law passed to limit hours bakers work to help the baker's health. Look at text of the Constitution. Coppage v. Privacy should have been taken into account. Children's Hospital Can't make wages for women. (NOT DCC problem because effects everyone. Milk not as healthy because businesses trying to cut cost to keep up. Sense of some extra constitutional source of rights even though they aren’t written in Constitution. CHAPTER 8: Due Process NATURAL LAW . Need to be healthy to make good babies.) history shows women has been disadvantaged in work (2.gender and voting rights are important A law passed under Sect. generally accepted way things should be/ framework of rights that exist as a part of being a society. Bakers can represent themselves. Departure From Lochner: NEBBIA v. Wrong to have a complete lack of deference. pre-political law. Muller v.) COURT GIVES DEFERENCE TO STATE. Court: STRICT SCRUTINY. back to Katzenbach. Oregon Can set hours for women to work because need to protect women. Court adopts economic liberty (laissez faire). don't need to protect women.) big problem and this is just a small step to make better c. NEW YORK NY set minimum price for milk because people selling milk for too low.

WILLIAMSON v. Regulatory taking. Only going to interfere if arbitrary. Parrish Overrules Adkins. Court accepts equalizing of labor relations as an acceptable goal for the states because if not bad things will happen. v. DISSENT: Went too far. PENNSYLVANIA COAL Co. Depends on when courts need to correct political market failures.laws are responsible to political power. Must be for a public purpose. CITY OF NEW LONDON Economic development is a public use. KELO v.private property shall not be taken for public use. 5th Amendment . . Minimum age law for women.Eminent domain can be used to solve the problem of concentrated land ownership.Authorized the taking of private property for the purpose of redeveloping blighted urban areas.land needs to be put to public use that is open to the public.Downloaded From OutlineDepot. not for houses or private transfers. LEE OPTICAL States free to regulate economic relations and the court will not overturn such laws unless there is (standard) no conceivable rationale justification for the legislature. (Exxon Mobile case in supplement. Minorities will always be taken advantage of. West Coast Hotel v. Hawaii Housing Authority v. Midkiff . Legal realism. Parker . Punitive Damages and Substantive Due Process: 1:1 ratio for punitive damages.) THE TAKINGS CLAUSE The Takings Clause. 2. without just compensation. capricious. "Thomas".When property is regulated too far it will be recognized as a taking. Private to private transfers only not allowed if for a private purpose. Carolene Footnote 4 Court should get involved when discrete minorites rights are at stake. Means must rationally relate to ends.would have applied Midkiff. MAHON Rule: Regulations go too far when property made economically worthless or when substantial "bundle of rights" are infringed upon. or unreasonable. Berman v.com Hassel_Constitutional Law I_ Fall 2011 1. Proper legislative purpose. "O'Connor".

allowed teacher to teach foreign language at school. v. Penn Central Transportation v. where vital public interests would otherwise suffer. Schoene Red cedar trees could be destroyed because weren't substantial part of economic value of property. bundle of rights as part of constitution. its police power.com Hassel_Constitutional Law I_ Fall 2011 Lochner-like move for court to say what a takings is by using expectations.Downloaded From OutlineDepot.) physical invasion is more likely a taking (ii. Teleprompter Manhattan CATV Corp. NATURAL LAW argument.) what is states purpose? Loretto v. .) investment expectations are considered too (2.) economic impact of regulation on claimant (i. South Carolina Coastal Council Regulations prohibiting all economic benefits are per se takings. BLAISDELL Rule: The protection power of the State. The Kts Clause . United States Trust Co.) character of gov’t regulation (i. Miller v. Section 10: Prohibits any state "Law impairing the Obligations of Contracts" HOME BUILDING & LOAN ASS'N v. Lucas v. NYC Penn Central balancing Test (1. Rhode Island Owner could challenge regulatory taking when he brought property w/ restriction on it (1. perm physical occupation is taking regardless of public interest that government is promoting.) future generations have a right to challenge unreasonable limitationsremanded for Penn central test.Article I. Economic due process. SUBSTANATIVE DUE PROCESS AND PRIVACY Meyer. may be exercised in directly preventing the immediate and literal enforcement of contractual obligations by a temporary and conditional restraint. Level of Scrutiny: Deference to state. Palazzolo v. New Jersey An impairment of state obligations may be constitutional if it is reasonable and necessary to serve an important public purpose.

CASEY . CONCURRENCE "Harlan" Poe v.) Now an individual right to privacy. Penumbras . International. WADE Liberty is based on 14th Amend in due process by relying on past cases Fetus doesn’t have right b/c at time of 14th amend. removes right to privacy a.allowed choice for children to attend private. Post. DISSENT .invalidated sterilization of third conviction felons. ROE v. conscious. parochial. or public schools. Lochner/ Natural Rights Skinner. 2nd trimester: must be reasonably related to mother’s health c. CT trying to stop extramarital affairs. Ullman DISSENT Due process.Roe.Right to privacy is a fundamental right in the 9th Amendment. 1st trimester: state can’t do anything b.Downloaded From OutlineDepot. and 9th Amendments (rights can't be infringed upon. Population Services.inherent or emanating rights. 4th (leave home and things alone).almost all limitation struck down except parental consent Gov’t doesn’t have to provide funds to get an abortion PLANNED PARENTHOOD v. wasn’t person State has interest in protecting maternal health a. Baird Rights extended from marital rights to individuals and minors (Carey v. Connecticut law is unconstitutional because laws can't invade areas of protected freedoms and right to privacy is protected. and other rights out there) is the right to privacy.Right to privacy just not there. Throughout the 1st (right to assemble). CONNECTICUT Illegal to use contraception. Martial rights should be untouched. Violation of due process. does state have rational basis? Let it go. GRISWOLD v. 3rd trimester: can regulate and prohibit unless to save mom’s life DISSENT "Rhenquist": abortion becomes public. 5th (self-incrimination). CONCURRENCE "Goldberg". tradition. this is ct legislating. 3rd (home protection).com Hassel_Constitutional Law I_ Fall 2011 Pierce. EisenStadt v. 9th Amendment just protects people from government infringing on rights.history.

given the availability of other abortion procedures that are considered to be safer alternatives. Spousal notification not allowed to be required.) husband should have a say in this b/c he has rights (2. Four times court shouldn't overrule doctrine: (1. Laws with impermissible protectionist purpose or effect.) this is a flashback to a woman being a piece of property e.) in marriage. husband would abuse her if he knew she was going to get abortion (3. states don’t have problems w/ it. DISSENT "Blackmun" . Facially discriminatory state laws to out of staters. Collection of patient information is ok.patronizing women. we won’t back down b/c don’t like b. Rule: A law limiting abortions is not invalid on its face where there is uncertainty over whether the banned procedure is even necessary to preserve a woman's health. Ct doesn’t overturn Roe b/c of Stare decisis.not undue burden d.language too vague. State can b/come more involved via undue burden c.Downloaded From OutlineDepot.com Hassel_Constitutional Law I_ Fall 2011 Court moves to undue burden test.) Ct’s legitimacy.) no evolution of principle. Carharr. DISSENT .) Roe isn’t unworkable. 2.) people rely on it. can refer to any type of abortion a. CARHART "Partial Birth Abortion" case Congress passes law banning partial birth abortions and court finds Constitutional.strict scrutiny is better standard DISSENT "Rhenquist" (1. f. (3.is state creating an undue burden on individual’s right to abortion/privacy a. . (4. state has not introduced health exception for mother GONZALEZ v.) abortion is intentional termination of life (2. Parental consent okay as long as judicial bypass in place.) State has valid interest in terminating life (3. know what they’re doing let’em 3 Modern Challenges to DCC: 1. 24 hr waiting and informed consent. (2.rational basis test better Stenberg v.) rejects stare decisis argument "Scalia" . (1.

.Downloaded From OutlineDepot.com Hassel_Constitutional Law I_ Fall 2011 3. Disproportionate adverse effects on state commerce.

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