B Law Lecture 2/6

Overview

• Focus on constitutional issues related to government actions and individuals' rights.

• Discussion includes recent lawsuits against the Department of Justice (DOJ) and comments by a sitting senator on constitutional implications.

• Emphasis on the importance of constitutional law for society and its application irrespective of political affiliation.

Recent Developments with DOJ and Elon Musk

• Multiple lawsuits have been filed challenging actions by the DOJ, echoing conversations surrounding Elon Musk.

• A senator mentioned potential unconstitutionality regarding DOJ and Musk’s activities, stressing the need to discuss constitutional matters openly.

Importance of Constitutional Laws

• The Constitution exists to protect individuals from government actions.

• Legislators should not ask citizens to dismiss concerns over potentially unconstitutional actions.

• Upcoming weeks expected to reveal DOJ's limits regarding governmental power.

Full Faith and Credit Clause

• Each state must honor judgments made by other states, ensuring consistency in legal matters across the U.S.

• Importance of the clause in maintaining order and equality among states.

Protection Clause and Constitutional Protections

• Shift to discussing the protection clause and constitutional protections individuals have against governmental action.

• Students encouraged to ask questions and engage in discussions related to constitutional interpretation.

• Noted that everyone in the classroom has a role to play in learning and understanding these protections.

Equal Protection Clause

• Originates from the 14th Amendment, enacted in 1868.

• Its primary purpose is to prevent the government from making arbitrary and unreasonable distinctions among individuals.

• Clear definition emphasizing protection from government discrimination.

Levels of Scrutiny in Equal Protection Cases

1. Rational Basis Scrutiny

   • Used when the distinction made by the government is about economic regulations or businesses.

   • Government must show a legitimate interest for treating individuals differently.

   • Example: Different treatment for flea markets and car dealerships; justification based on likelihood of fraud.

2. Intermediate Scrutiny

   • Applied in cases involving gender discrimination.

   • Government must provide a substantial justification for the different treatment between genders.

3. Strict Scrutiny

   • Most rigorous standard applied in cases of racial discrimination.

   • Government has the burden of justifying the distinction with compelling reasons.

Additional Constitutional Protections

• Discussion on privacy rights and historical context of privacy within constitutional law.

• Introduction of Roe v. Wade and subsequent changes in interpretation due to the Dobbs decision, affecting women's reproductive rights.

Establishment and Free Exercise Clauses

• First Amendment outlines protections for freedom of religion, separating church and state.

• Courts will consider historical context, especially when interpreting what constitutes an establishment of religion.

Important Legal Cases

• Kennedy v. Bremerton School District involvement where a football coach’s right to pray publicly conflicted with students feeling pressured to conform.

• Outcome reflects shifting attitudes toward religious expression in public schools within the current Supreme Court's ideology.

Conclusion

• Need to critically analyze and discuss constitutional protections against government actions regularly.

• Recognizing historical and contemporary debates surrounding individual rights, governmental powers, and societal norms is crucial for understanding the law and its implications for citizens.