A state cannot prohibit travel by nonresidents within its borders Cannot deny nonresident plaintiff access to its court system Does NOT apply to companies Equal protection clause: must treat people equally, what is the reason for the discrimination?, prohibit the government from making arbitrary and unreasonable distinction among persons As long as the distinction is reasonable/rational if will stay upheld- social and economic regulations Cannot differentiate between race/color/religion/fundamental rights- almost impossible for government to find reasons to do this, strict scrutiny Provides 3 levels of protection against unreasonable distinctions Economic and social regulation- obviously sometimes they classify by wealth (poor need welfare, rich do not) but they rationalize the classification based on the rational basis test (must have legitimate government interest-not substantial), Strict scrutiny- based on race or national origin, highest level of protection, race discrimination is almost always void; distinction must be necessary and not more discriminatory than possible intermediate scrutiny- middle tier of protection, gender based discrimination, government must come up “important” government interest, the law must substantially advance an important government interest Takings clause under 5 th amendment: No private property will be taken for public use without just compensation (fair market value) Eminent domain right: governments take people’s land for public use (highway/reservoir) but must give you due compensation- physical taking Government impose regulations (zoning rules) that decreases the value of your land -regulatory taking (page 127) not usually considered a taking, unpredictable Kelo v. City of New London (below)
State Power vs. Federal Power o Federal powers = Delegated powers/enumerated powers Some prefer powerful federal governments Power to operate post offices Power to maintain various armed forces Commerce Clause (below) Conducting foreign affairs Maintain an army Establish monetary system State powers = reserved powers Some prefer powerful states- TEA Party Would like Texas/Florida/California to create more of their own laws State police power- the inherent governmental power to regulate the health, safety, morality and general welfare of it’s people Statutes relating to operation of motor vehicles, manufacture and sale of alcohol, regulation of crime “general welfare” = marriage and divorce, inheritance of property, landlord-tenant relationships Federal Power- designed by Madison, Hamilton and Franklin to be spread, established in the Constitution, supreme law of the land 1. Legislative Branch 1. Includes Congress 2. Has authority to create new laws 3. Can also collect revenue and appropriate funds for carrying out laws 2. Executive Branch 1. Includes the President 2. Has the authority to enforce the laws in existence 3. Conducts foreign relations 4. Directs military forces 2.
You've reached the end of your free preview.
Want to read all 48 pages?