Law And Public Affairs

Exam 2

Commerce Clause

Congress can regulate interstate commerce.

Categories of Interstate Commerce

1. Channels of interstate commerce (roads, highways, internet) 2. Instrumentalities of interstate commerce (cars, planes, goods) 3. Activities that substantially affect interstate commerce.

Wickard v. Filburn

Even small/local activity counts if it aggregates.

Gonzales v. Raich

Congress can regulate local marijuana due to its relation to the national market.

U.S. v. Lopez

Gun near a school is not economic activity, thus Congress cannot regulate it.

U.S. v. Morrison

Violence against women not considered economic activity, thus cannot be regulated by Congress.

Taxing Power

Congress can tax to raise revenue, but it must not function as a penalty.

Drexel Furniture

Determined a 'fake tax' was actually a penalty and therefore invalid.

NFIB v. Sebelius (Obamacare)

Validated the individual mandate as a tax.

Spending Power

Congress can allocate money with conditions, provided it follows five rules.

South Dakota v. Dole

Upheld that withholding highway funds is permissible.

NFIB v. Sebelius

Struck down forcing states to expand Medicaid as too coercive.

Necessary & Proper Clause

Allows Congress to pass laws to help carry out its powers, broadly interpreted.

Freedom of Speech - Unprotected Speech

Includes obscenity, child pornography, incitement, fighting words, true threats, and defamation.

Types of Speech Analysis

1. Conduct (not speech) - NOT protected 2. Expressive Conduct - Sometimes protected 3. Pure Speech - Fully protected.

Content-Based vs Content-Neutral

Content-based is subject to strict scrutiny, while content-neutral is subject to intermediate scrutiny.

Commercial Speech

Truthful commercial speech has some protection while misleading speech does not.

Defamation Standards

Public figures must prove actual malice; private figures use a lower standard (negligence).

Student Speech

Tinker case allows speech unless disruptive; Hazelwood gives schools more control.

Fourth Amendment - Search Definition

Katz Test defines a search as having subjective expectation of privacy recognized as reasonable.

Search Exceptions

Physical trespass constitutes a search; exceptions include open fields and public exposure.

Warrant Requirements

Require probable cause, particularity, and a neutral magistrate.

Exclusionary Rule

Illegal evidence must be excluded to deter police misconduct.

Due Process Types

1. Procedural Due Process: Concerned with fair procedures. 2. Substantive Due Process: Focus on the law’s fairness.

Levels of Scrutiny

1. Rational Basis - Default, government wins; 2. Strict Scrutiny - Fundamental rights, government proves compelling interest.

Fundamental Rights

Include marriage, contraception, family/custody, and procreation.

Equal Protection Classification Levels

Economic - rational basis; Race - strict scrutiny; Gender - intermediate scrutiny.

Section 1983 Purpose

Allows suing government officials for constitutional violations.

Immunities in Section 1983

Absolute immunity for judges/prosecutors; qualified immunity protects unless rights were clearly established.

Answer Structure for Exams

1. Identify power 2. Apply rule 3. Use case 4. Conclusion on constitutionality.