ch 6 pt 2

ch 6 pt 2 - When State law impedes Interstate Commerce Some...

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: When State law impedes Interstate Commerce Some Supreme Court Cases: Southern Railway Co v. Arizona Ct. struck down Arizona law which required trains to be shortened for safety reasons Chemical Waste Management v. Hunt Violates Commerce clause to charge more for out of state generated hazardous waste than for in state waste Wyoming v. OklahomaOK law requiring coalburning power plants to burn at least 10% OKmined coal was discriminatory & interfered w/ interstate commerce State Taxation Form Of Regulation so limited By Commerce Clause Can tax interstate commerce, but can't burden it Apportionment allocates taxes among several states Must Be Sufficient Tie between business activity and taxes Nexus for income taxes Or Taxable Situs for property taxes Skip Hunt-Wesson v. california case page 155 6-2 First Amendment Freedoms: Religion Press Speech Assembly Right To Petition For Redress 6-3 1st Amendment - Freedom Of Religion Establishment Clause Congress shall make no law "respecting an establishment of religion" 6-4 Freedom Of Religion Free Exercise Clause "or prohibiting the free exercise thereof" Guarantees freedom of religion through separation of church and state State can't mandate a specific religion 6-5 Freedom Of Press Congress shall make no law abridging the freedom of the press Allows private business to provide organized scrutiny of government 6-6 Freedom Of Press Prior Restraints- Criminal & Civil liability for publishing illegal or libelous statements Defamation Libel written defamation Malice needed if public figure Malicee is if you know it's false or you said it with reckless disregard 6-7 Freedom Of Speech / Expression Covers oral and written speech Protect minority from majority We want people to have the freedom to express unpopular ideas Symbolic Speech Conduct or actions i.e. picketing Can have SOME restrictions 6-8 Freedom Of Speech / Expression Overbreadth Doctrine Legislators have gone too far when trying to restrict speech Commercial Speech was historically not protected Now, first amendment protects Corporations as well as individuals Includes Freedom of Information 6-9 Central Hudson Gas & Elec. v. Public Service Comm. (1980) cited in Sect'y Health Human Services v. Western States The NY PSC ordered the end of ads that promoted the use of electricity as contrary to public policy U.S. Supreme Court set forth test for constitutionality of state regulation of commercial speech: To be protected speech must be lawful and not misleading Government must have a substantial interest The regulation must advance that interest The regulation must be no more extensive then necessary to achieve the objective 4th Amendment--Unreasonable "The right of the people to be secure in their Search & Seizure persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue but upon probable cause...." Do government inspectors (i.e. OSHA) need warrants? Usually yes Exception: closely regulated businesses, open field observation However, business usually agrees to allow inspection Generally, closed places such as homes and businesses are not subject to random police searches New York v. Burger (1987) Junkyard is searched without warrant; stolen cars & parts are found Owner tries to keep evidence out of trial as unconstitutional search Supreme Court holds for a warrantless search: Must have substantial government interest searches must be necessary to further a regulatory scheme must have adequate substitute for a warrant (must advise owner of statutory scheme and scope of search) HELD: Search is constitutional as furthering statutory concerns regarding theft, which overcomes privacy interest 5th Amendment-Right Against Self Incrimination "No person shall be... compelled in any criminal case to be a witness against himself." Does self-reporting violate 5th Amendment? Applies to PEOPLE, not Corporations 5th Amendment- Just Compensation or Takings Clause "nor shall private property be taken for public use, without just compensation." Government can take property for public purposes -- utilities, military bases, highways, sidewalks, schools, etc. What is "just" compensation? Due Process Fifth &Fourteenth Amendment Procedural- Proper Notice & Hearings Substantive- Property/Rights Affected By Government Action 5th Amendment- Federal 14th Amendment- State/Local Incorporation Doctrine Apply Bill of Rights to States 6-15 14th Amendment--Due Process Clause and Equal Protection Clause "No state . . . shall deprive any person of life, liberty or property without due process of law; "nor deny to any person within its jurisdiction the equal protection of the laws." Due process: Fundamental fairness and decency is violated when government infringes on fundamental liberty interests without narrowly tailoring to meet the compelling state interest Equal protection: governments must treat people equally Or have a good reason! Equal Protection Three approaches to challenges of laws under equal protection 1) Minimum Rationality 2) Strict Scrutinty 3) Quasi-Strict Scrutinty 6-17 Equal Protection 1) Minimum Rationality legitimate government objective Rationally connected to a permissible or 2) Strict Scrutiny Necessary to a compelling state purpose Related to suspect class Race, national origin, legitimacy Related to a fundamental right Right to vote, to travel, to appeal 3) Quasi-Strict Scrutiny interest Substantially related to an important government 6-18 Equal Protection Issues 1. Legislative Apportionment 2. Real Estate- Racial Segregation 3. Rights Of Legitimates & 4. 5. 6. 7. 8. Illegitimates Jury Makeup Voting Requirements Welfare Residency Rights Of Aliens Property Tax To Finance Schools 6-19 ...
View Full Document

  • Fall '07
  • Ward-Vaughn
  • Law, First Amendment to the United States Constitution, Fourteenth Amendment to the United States Constitution, equal protection, Freedom of Press

{[ snackBarMessage ]}

Ask a homework question - tutors are online