Students please note: The marks and grades received by students on assessments may be subject to further moderation. Actual Purpose Korematsu Deference? Court decides what an equal protection violation, and congress does not have the power to trump court decisions under section 5 legislation PAGE PAGE 1 ,  ´ R G g v § ½ | } ˜ ™ ª « Ô Õ Å Æ İ Ş í õ ' / R S 9 : ‹ ¢ ' m n Ï æ A! By using our website you agree to our privacy policy Federal government is a government of enumerated powers Necessary and Proper clause is not an independent source of power Clause give power to congress to select the means to accomplish one of its enumerated powers Court will not look to congress’ motive for choosing the means Necessary does not mean absolutely necessary—expansive Where the Constitution does not expressly grant power to the federal government, nor prohibit such power to the states Structural—A ban on state authority is implied by the structure of the Constitution Express and implied or intended powers of the federal government apparent in the Constitution Ex: Enumerated power to tax and spend shows an implied power to create a bank. Court has the power to declare legislation or executive acts unconstitutional. evaluate other ways to achieve the objective Conclude: struck down or upheld Takings The Fifth Amendment provides that private property shall not be taken for public use without just compensation Public use is satisfied if the taking of private property is rationally related to any conceivable public purpose Per se Rules: No taking if government takes private property to: Abating a public nuisance Taking occurs when Permanent physical occupation of private property Owner has no economically viable use of his property Balancing Test if the Per se rules do not apply Balance the Public benefits versus private costs Harms imposed on the property owner are outweighed by the public benefits produced by the regulations Conditions on Building Permits Government proves the condition is substantially related to the state’s objective Nature and scope of the condition are roughly proportional to the impact of the proposed development If individual takes title to land that is already heavily regulated, individual can challenge as a taking IF Regulation significantly decreases the value of the property Equal Protection No state shall deprive any person of equal protection of the laws 14th Amendment applies to states 5th Amendment applies to the federal government State action required What is the classification? We filtered through 100's of applicants to select only the best Constitutional Law I outlines Oxbridge Notes uses … &F Your recently viewed items and featured recommendations, Select the department you want to search in. . Full Unit Outline - Enrolment Approved Thursday, 15 April 2010: Disclaimer: This unit outline may be updated and amended immediately prior to semester. Introduction to the Constitution A. The Eleventh Amendment No state may be sued in federal court by any person or foreign government UNLESS The state consents OR Congress has abrogated this immunity under § 5 of the 14th Amendment State official is not a state unless the state would have to pay damages Federalism: division of authority and power between federal and state government Necessary and Proper Clause Article I, § 8, cl. Breyer claims that the majority’s approach has three legal problems: (1… Some of these strictures are discussed throughout this Outline. Ô 2( Ô 2( ³H Ê( 2( ³H Ê( â Ê( ¬0 KF Ì Ô Ô ³H 2( ( à�¥Å Ãø $ ' `( j G ³H I 0 4I 1G ‚ ğL Ê( ğL ³H Ê( è � † r Ô Ô Ô Ô Ù Constitutional Law Outline Judicial Review Court has the power to declare legislation or executive acts unconstitutional Implied power of the court Inferred from written Constitution Necessary to the judicial role in interpreting law Court must decide what the law is when statutes and Constitution conflict Supreme Court’s interpretation of the Constitution is exclusive State’s interpretation cannot override Supreme Court Executive has very limited discretion to ignore the court—must execute the law, and Supreme Court decisions are the law Congress can, of course, legislate after a law has been struck down, but it must do so in line with the Supreme Court’s interpretation of the Constitution Supreme Court has the power to review federal constitutional decisions handed down by the state courts Article III gives Supreme Court appellate jurisdiction over ALL cases arising under the Constitution There is no state sovereignty over constitutional interpretation Interpretation of the Constitution must be uniform throughout the nation Court will not review a decision from a state court that rests on adequate and independent state grounds State court decision must be adequate State court decision must be independent of federal law State court opinion must clearly state that it is relying on state law to reach its decision Judicial review is counter-majoritarian Congress represents the political majority Congress is often intolerant of the political minority Since the Constitution often protects the political minority, and the court is politically isolated, the court is in the best position to level the playing field Thus, judicial review advances the democratic process. )–)Judicial)Powers) . Affirmative action Majority View: Strict scrutiny applies even if the classification is benign or remedial regardless of which race is burdened or benefited regardless of whether the federal or state government is acting Minority View: Lower level of scrutiny should apply Historically, African Americans were beneficiaries of the equal protection clause and it was the INTENT of the framers to keep it as such Lower level of scrutiny is preferable when the legislation is remedial Lower level of scrutiny preferable when the national government is expressing the will of the nation through legislation Change in the political process making it impossible for a minority to prevail is subject to strict scrutiny Lawful resident aliens Federal Government has exclusive power to regulate aliens in the US The state will not be subject to strict scrutiny IF Classification is based on state’s interest in preserving the political community Infringement on a fundamental right is subject to strict scrutiny implied rights not expressed or absolute in the Constitution not education BUT voting: once right to vote is created, right to equal access is protected State Action Is the person who is charge with causing harm a governmental actor If yes, state action. Court has the power to declare legislation or executive acts unconstitutional. 1 CONSTITUTIONAL LAW OUTLINE CHAPTER 5: THE STRUCTURE OF THE CONSTITUTION'S PROTECTION OF CIVIL RIGHTS AND CIVIL LIBERTIES I. To calculate the overall star rating and percentage breakdown by star, we don’t use a simple average. The sources and nature of Constitutional law. However, the commerce power provides the basis for congressional regulation even of local intrastate activities. D. Burden of Proof: Basics A basic American principle of criminal law … Disability Standards for Education (Commonwealth 2005). Are we moving back to the Lochner era? Why not get in touch with the seller through us? CONSTITUTIONAL LAW OUTLINE I. 1 | P a g e C o u r s e O u t l i n e C o n s t i L a w 1 A Y 2 0 2 0 - 2 0 2 1 A t t y . . Í IV, cl. Nonjusticiable political questions are present if: Text of the Constitution commits the decision to another branch of government There are no judicial standards to govern the decision The decision requires the court to make an inappropriate policy choice The decision would lack respect for the coordinate branches A political decision was already made A judicial decision would create embarrassment Issues arising under Article IV § 4, the “guarantee clause,” are generally political questions, but may be justiciable on equal protection grounds. Here's why you need an ELO from your first day of class right through your final exam: Enter your mobile number or email address below and we'll send you a link to download the free Kindle App.

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