FED CON LAW

• STANDING

  • PERSONAL INJURY AT STAKE.

  • RIPENESS

    • (FUTURE).

    • HAS BEEN PASSED BUT NOT ENACTED.

    • GOV IS CONSIDERING LEGISLATION. 

  • MOOTNESS

    • (PAST).

    • GOV ALREADY DECIDED/RESOLVED.

  • ADEQUATE & INDEPENDENT STATE GROUNDS

    • FED IS NOT HEARING CASES RESOLVED ON ADEQUATE AND INDEPENDENT STATE GROUNDS.

  • CONGRESSIONAL POWERS

    • COMMERCE CLAUSE

      • PLENARY AUTHORITY.

      • BOARD POWER.

        • GOODS, WIDGETS.

        • MAKING, MANUFACTURING, PACKAGING, SHIPPING. 

      • INTERSTATE.

    • TAX & SPEND

      • TAX: 

        • RAISE REVENUE FOR GENERAL WELFARE.

      • SPEND: 

        • GENERAL WELFARE.

    • NECESSARY & PROPER CLAUSE

      • CONGRESS CAN DO WHATEVER IS NECESSARY & PROPER TO EXECUTE ONE OF THEIR ENUMERATED POWERS.

        • MUST BE LINKED TO THE POWERS. 

    • SUPREMACY CLAUSE 

      • FED & STATE CONFLICT. 

        • FED LAW WILL PERVAIL.

      • FED LAW IS THE SUPREME LAW OF THE LAND. 

    • 10TH AMENDMENT

      • FED & STATE REGULATING.

      • STATE POLICE POWER.

        • LAW CAN BE MORE RESTRICTIVE AS LONG AS ITS FOR THE HEALTH, SAFETY, AND GENRAL WELFARE OF ITS CITIZENS.

    • COMMANDEERING

      • CONGRESS CANNOT REQUIRE A STATE TO DO ANYTHING. 

    • DORMANT COMMERCE CLAUSE

      • STATE CANT DISCRIMINATE  AGAINST OUT OF STATE BUSINESS. 

      • EXCEPTIONS:

        • CONGRESS AUTHORIZES IT.

        • MARKET PARTICIPANT:

STATE RUNS, MANAGES, CONTROLS, OR DOMINATES THAT PARTICULAR BUSINESS. 

• FULL FAITH & CREDIT

  • ONE STATE LAW HAS TO BE GIVEN FULL FAITH & CREDIT OF EACH OF THEIR LAWS.

  1. INDIVIDUAL RIGHTS: 

     • STATE ACTION. 

       • THERE NEEDS TO BE STATE ACTION FOR A VIOLATION OF ANY INDIVIDUAL.

         • IF THERE IS A NEXUS, FINANCIAL SUPPORT, BETWEEN THE GOVERNMENT AND PRIVATE PERSON, THE AMOUNT OF MONEY CREATES A NEXUS AND MAKES THEM AN ARM OF THE GOVERNMENT.

THERE CAN BE A NEXUS IF PRIVATE ENTITY GETS SUPPORT FROM THE GOV. 

• SPEECH 

  • CANNOT BAN SPEECH. 

  • CAN REGULATE SPEECH. 

    • CONTENT-BASED:

GOV STOPS/PROHIBIT/REJECT MESSAGE. 

STRICT SCRUTINY. 

GOV HAS BURDEN TO SHOW MESSAGE IS NECESSARY TO ACHIEVE COMPELLING INTEREST.

• CONTENT-NEUTRAL: 

GOV REGULATES TIME, PLACE. MANNER. 

WHEN, WHERE, & HOW?

FURTHER SIGNIFICANT GOV INTEREST. 

LEAVE OPEN ALTERNATE MEANS OF COMMUNICATION. 

• PUBLIC FORUM: 

STREETS OR PARKS.

LEAVE OPEN ALTERNATE MEANS OF COMMUNICATION. 

• NON-PUBLIC FORUM:

BUSES OR BILLBOARDS.

REASONABLY RELATED TO A LEGITIMATE GOV INTEREST. 

• UNPROTECTED SPEECH

  • OBSCENITY: 

    • PRURIENT INTEREST, OBJECTIVE PERSON APPLYING LOCAL COMMUNITY STANDARDS.  

    • WORK DEPICTS SEX IN PATENTLY OFFENSIVE MANNER. 

    • LACKS ANY SERIOUS LITERARY, ARTISTIC, POLITICAL, OR SCIENTIFIC VALUE. 

  • CLEAR & PRESENT DANGER:

    • INCITES IMMINENT VIOLENT ACTION. 

  • FIGHTING WORDS: 

    • HARSH LANGUAGE THAT WOULD INCITE AN AVERAGE TO BECOME VIOLENCE.

  • COMMERCIAL SPEECH:

    • ANY BUSINESS ADVERTISING 

    • GOV CAN REGULATE IF THERE IS A REASONABLE FIT TO A SUBSTANTIAL GOV INTEREST. 

  • FALSE OR MISLEADING ADVERTISEMENT:

    • NOT PROTECTED. 

  • RELIGION 

    • FREE EXERCISE CLAUSE: 

      • GOV MUST REMAIN NEUTRAL. 

*NEUTRALITY VS. INTENT*

• ESTABLISHMENT CLAUSE:

  • NO LEMON TEST. 

  • HISTORY & TRADITION. 

IS THE ACTION RELIGIOUSLY NEUTRAL?

• EQUAL PROTECTION 

  • GROUP/CLASS OF PEOPLE BEING TREATED DIFFERENTLY. 

  • SCRUTINY:

    • STRICT: 

RACE, ALIENAGE, NATIONAL ORIGIN.  DISABILITY. 

GOV HAS BURDEN LAW IS NECESSARY TO ACHIEVE COMPELLING INTEREST. 

• INTERMEDIATE:

GENDER OR ILLEGITIMACY.

ILLEGITIMATE CHILDREN. 

GOV HAS BURDEN TO SHOW LAW IS SUBSTANTIALLY RELATED TO AN IMPORTANT INTEREST. 

• RATIONAL BASIS:

EVERYONE ELSE. 

NOT RATIONALLY RELATED TO GOVERNMENT INTEREST. 

• DUE PROCESS

  • ALL TREATING THE SAME.

  • LIFE, LIBERTY, OR PROPERTY. 

  • SUBSTANTIVE DUE PROCESS:

    • ALL PEOPLE.

    • TAKING AWAY OR RESTRICTING A LIBERTY RIGHT.  

FUNDAMENTAL RIGHT:

INTERSTATE TRAVEL. 

FREE SPEECH

VOTE

PRIVACY:

CONTRACEPTION.

MARRIAGE.

PROCREATION.

EDUCATION.

RAISE FAMILY.

SUBJECT TO STRICT SCRUTINY. 

NON-FUNDAMENTAL RIGHT: 

SUBJECT TO RATIONAL BASIS.

• PROCEDURAL DUE PROCESS:

  • INDIVIDUAL.

  • GOVERNMENT TAKES AWAY PROPERTY RIGHTS. 

GOV JOB. 

LICENSES

BENEFITS. 

AFFORDED NOTICE + HEARING. 

PROPERTY RIGHT MUST HAVE VESTED.

• TAKINGS CLAUSE

  • GOV CAN TAKE PRIVATE PROPERTY FOR PUBLIC USE IF THEY PROVIDE FULL COMPENSATION/FAIR MARKET VALUE. 

  • INVERSE CONDEMNATION: 

    • REDUCES ECONOMIC VALUE OF LAND TO NOTHING.

    • (BASICALLY WORTHLESS).

  • EX POST FACTO

    • GOV IS RETROACTIVELY MAKING LAW THAT WAS ONCE LEGAL, NOW ILLEGAL.