Powers
Congress may "regulate" states through this power.
Discrimination by a state against non-residents.
Article IV Interstate Privileges and Immunities Clause
The constitutional requirement that when the federal government acts in such a way that denies a citizen of a life, liberty, or property interest, the person must be given notice, the opportunity to be heard, and a decision by a neutral decision-maker.
What is Procedural Due Process?
A compelling government interest narrowly tailored to achieve that particular interest.
What is strict scrutiny?
A state passed a law providing that legislative staff members in the state legislature were to receive an hourly wage that was less than the federal minimum wage. A legislative staff member filed suit in federal court challenging this state law.
Which of the following is the strongest argument in support of the staff member’s constitutional challenge?
The minimum wage law applies to private sector employees as well as state employees.
A foreigner in the United States attempted to kill the head of his country while the leader was confined to a state’s hospital. The foreigner was tried in the state for the crime of attempted murder, and he was sentenced to 10 years in prison. Two years later, the President wanted to improve diplomatic relations with the foreigner’s country, so the President pardoned the foreigner and ordered his release.
What is the strongest argument available to the governor of the state in declining to release the prisoner?
The presidential pardon power does not extend to the foreigner.
Statute requiring $2,500 license fee from nonresident commercial fishermen, while residents pay $25.
invalid discrimination
A city passed an ordinance prohibiting door-to-door solicitation of contributions by charitable organizations that did not use at least 75% of their receipts for “charitable purposes.” The ordinance further provided that anyone wishing to solicit for purposes of charity must obtain a permit and present satisfactory proof that at least 75% of the proceeds of such solicitation will be used directly for the charitable purposes of the organization. An organization seeking to solicit support within the city applied for and was denied a permit because it did not meet the 75% requirement.
As applied to the organization, is the ordinance constitutional?
No because the ordinance violates the protection afforded by the First Amendment.
alienage, race, nationality
strict scrutiny
Knowledge that the statement was false, OR
Reckless disregard as to its truth or falsity
What is actual malice?
What are police powers?
Corporations are not protected by this.
Privileges and Immunities Clause IV AND XIV
A federal statute provided for federal grants to cities that desired to rebuild inner-city areas for residential housing. A city applied for funding to build housing and received a grant of $2.5 million. After the area was prepared for construction, however, the city council decided that it would greatly benefit those living in the inner-city if, in addition to housing, a commercial property was built. Thus, the council decided to use $1.5 million for housing and to “borrow” the remaining $1 million from the housing fund to build a commercial mall. The city resolution provided that 30% of the rental from the mall each year would go to a fund for maintenance of the housing and for funds to build additional housing. Construction had started on residential buildings and the commercial mall when the federal court, at the request of the federal government, froze the construction accounts containing the proceeds from the grant.
In a motion by the city to release the funds, the court would most likely:
Deny the motion, because the federal government can control the expenditure of the funds because it provided the funds.
a legit government interest and is rationally related to that interest
what is rational basis
Content neutral
Narrowly tailored to serve an important government interest
Leave open alternative channels of communication
What is a time, place, and manner regulation?
A state law required all automobile drivers to carry liability insurance; however, because of the high number of auto accidents in the state, the cost of insurance became prohibitive. A study sponsored by the state legislature showed that males under the age of 21 were four times more likely to get into automobile accidents than any other group, including females in the same age group. The study predicted that prohibiting males under the age of 21 from driving would result in a 15% reduction in all other persons’ automobile insurance rates. Ultimately, the legislature raised the minimum age for obtaining a driver’s license to age 21 for males. Females were still allowed to obtain licenses at age 16. An 18-year-old male living in the state when the limit was raised, and who worked as a pizza delivery driver, was fired from his job and replaced by a 17-year-old female.
If the young man sues to have the law set aside and prevails, what is the most likely reason?
The state could not prove that the law was substantially related to an important government interest.
A state may prefer its own citizens in receiving benefits from government programs.
When is a state a "market participant"?
Scientific studies indicate that emissions from gasoline combustion engines contribute to a reduction in the health and growth rate of trees. To protect trees in the national forests, the Environmental Protection Agency (“EPA”), a federal agency, enacted stringent new fuel emission standards that apply to motor vehicles operating inside or within a 10-mile radius of all federal parks. The EPA regulations expressly preempt any conflicting state or local regulations, unless the state or local regulations require an even greater reduction in automobile emissions.
A shuttle service operator transports tourists from hotels to the front entrance of a federal park. If the EPA regulation applies to her shuttle service, the operator will have to spend several thousand dollars for each shuttle to modify the engine exhaust system. The operator brings suit to challenge the validity of the federal regulation as applied to her.
How will the court likely rule on the shuttle operator’s challenge?
Find the statute constitutional, as a proper exercise of Congress’s power to regulate federal property.
Congress approved an act that contained an appropriation of $1 million for a professor at a state university to study the effects of volcanic eruptions on the temperature of sea water. The bill contained a second appropriation of $1 million for a professor at another state university to study the effects of oil drilling on the population of bears in a national forest. The President drew a line through the first appropriation, with the intent of canceling the provision, and then signed the bill. The professor studying volcanic eruptions brought suit alleging that the action of the President was unconstitutional and therefore the striking of his appropriation was invalid.
No, because the President has no line item veto power.
A state university is governed by a board of regents appointed by the governor. University policy permits student organizations to use rooms on campus for meetings upon the payment of a nominal charge, but policy prohibits student religious groups of any denomination or belief from using any campus rooms for religious discussion or worship. A religious club was denied use of a meeting room pursuant to this policy and sued the university to enjoin the policy as it applies to the club.
Will the university likely prevail?
No because the restriction is a content-based restriction of speech not justified by a compelling state need.
A tire company is the manufacturer of, and owns the patent for, a new and unique type of truck tire. The company is the largest employer in the state in which it is located. That state enacted a law requiring all trucks using its highways to be equipped with the company’s unique truck tires. An out-of-state trucking company filed suit against the state, and eventually the United States Supreme Court held that the state’s statute violated the Commerce Clause. Subsequently, Congress enacted a law that required all trucks engaged in interstate commerce to use the company’s unique tires.
Is this federal law constitutional?
Yes, because Congress’s control over interstate commerce is very broad.
A group of parents advocating abstinence among teenagers developed a seminar that it presents to middle school students throughout the country. The seminar includes lectures by trained professionals accompanied by slides, some of which depict explicit sexual activity between nude males and females. Parents are required to give their consent before any child may participate. A school administrator invited the group to present its program. However, a law in the state in which the school is located provides in its entirety, “It is unlawful to sell, give, or display to any person under the age of 17 any lewd or obscene article, picture, or depiction.” The local district attorney learned of the planned presentation and threatened to prosecute the school’s administrative board and program’s presenter under the state statute if they carried out the planned program. The school’s administrators seek relief in federal court.
Which of the following statements regarding the likely result of the case is correct?
The federal court has power to grant a declaratory judgment that the statute is unconstitutional, either on its face or as applied to the program.
A man was arrested in a state for armed robbery. A combined preliminary hearing to determine probable cause and initial appearance was held within 20 hours of his arrest. Probable cause was found, and bail was properly denied under the state’s Bail Reform Act. A state statute provided that when a defendant is in custody, his trial must begin within 50 days of his arrest. After 50 days had passed since the man’s arrest and no trial had been held, he filed a motion for dismissal for violation of his right to a speedy trial under the state constitution, which tracked verbatim the speedy trial provision of the United States Constitution. The trial judge held that he was bound to follow federal interpretations of the speedy trial provision and granted the man’s motion on that basis. On appeal, the state supreme court agreed with the trial judge. The state prosecutor seeks to challenge the ruling in the United States Supreme Court.
If the Supreme Court thinks that the state court wrongly decided that the man was denied his right to a speedy trial under federal standards, how should it proceed?
Reverse the decision and remand the case to be decided on the independent state grounds only.
A housing development contained one-, two-, and three-bedroom units. All units were suitable for occupancy, and the developers of the project filed the appropriate documents, including a Declaration of Restrictions that limited ownership and occupancy of the units to families or to groups of unrelated adults of not more than three in number. Each deed to the individual units also contained the restriction.
One of the two-bedroom units was purchased by a woman and her boyfriend. They immediately moved into the unit with another unmarried couple who were friends of theirs. Other unit owners brought suit against the woman and her boyfriend to enjoin the occupancy by the other couple.
If the other unit owners prevail, what will likely be the reason?
Enforcement of the restriction is rationally related to a legitimate government interest.
A special prosecutor was appointed to investigate allegations that a presidential aide accepted bribes to secure the appointment of certain federal judges. The special prosecutor has subpoenaed all memoranda written by the aide on the subject of judicial nominations to vacancies. The President has government attorneys move to quash the subpoena on the ground of executive privilege.
How should the trial judge rule on the motion?
Deny the motion, because although there is a presumption of a privilege, it can be overcome by a strong showing of the needs of the criminal justice system.