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Pre-Midterm Notes

by: Brandon Liu

Pre-Midterm Notes PUBP 4833

Brandon Liu


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Everything we've covered in class before the mid-term.
14th Amendment Law
Judge Batten
75 ?




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This 16 page Bundle was uploaded by Brandon Liu on Friday February 26, 2016. The Bundle belongs to PUBP 4833 at Georgia Institute of Technology - Main Campus taught by Judge Batten in Spring 2016. Since its upload, it has received 19 views. For similar materials see 14th Amendment Law in Public Health at Georgia Institute of Technology - Main Campus.


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Date Created: 02/26/16
2.4.2016 Railway Express Agency v. New York  “Legitimate Purpose” o Under inclusive o Government has legitimate purpose if it advances a traditional “police” purpose  Protecting safety  Public health  Public morals o Law found constitutional as promoting public safety o There was a law that prohibited “advertising vehicles” but permitted them if the vehicle was engaged in usual business and happened to have an ad on it”  Secondary purpose is ad o Concluded that law was constitutional because it could affect traffic safety when people are distracted by prohibited ads NYC Transit v. Beazer  Over inclusive---  Beazer and Reyes were recovering heroin addicts undergoing methadone treatment  They were fired for using methadone  Class action law suit citing NYTA was discriminating by race  Did NYTA’s prohibition against hiring anyone using methadone violate Title VII of Civil Rights Act or the Equal Protection Clause of the 14 Amendment?  No and no, public safety in not letting narcs work for NYTA Equal Protection  Equal Protection was not in original Constitution o Wasn’t properly defended when it came in o Wasn’t binding to the federal courts o Is classification justified by a sufficient purpose?  Talking about discrimination  What is the Classification?  Exists on the face  Demonstrate a facially neutral law has a discriminatory impact/purpose  What level of scrutiny should be applied?  Different levels depending on the type of discrimination (does not provide protection for sexual orientation) o Race or national origin has strict scrutiny, government has the burden of proof, almost always fatal to the challenged law o Rational basis, law is almost always upheld, rationally related to a legitimate government purpose, means chosen only need to be a rational means to the end, challenger has the burden of proof o Intermediate, law is upheld if it is substantially related to an important government purpose, government has burden of proof  Does the particular government action meet the level of scrutiny?  Under inclusive o Does not apply to people that law needs to apply to serve purpose  Over inclusive o Covers people that don’t need to be covered o Right to vote, right to procreate, and right to travel, other fundamental rights given strict scrutiny 2.2.16 Contracts  Many historians look at the Constitution as an economic document o Protects the wealthy and landowners  Freedom of Contract o Basic right under due process clause of 5 amendment and 14 th amendment until 1937 o Liberty and property interest o Changed when court started to lean more towards federalism in 1937 o Calder v. Bull  Court defends law about inheritance  Cites natural law  One justice said natural law can override constitutional law o Fletcher v. Peck  Involved the sale of Alabama and Mississippi  Law was passed voiding the contract  Court upheld the contract  A lot of the land had already passed hands into innocent investors  Natural cited o Terrett v. Taylor  Natural law cited o Slaughter-House Cases  Court ruled couldn’t use due process clause here o Loan Association v. Topeka  Used natural law to limit gov. regulatory power o 1.28.16 Commerce Clause  Where it comes into force o the use of the channels of interstate commerce (transport) o the instrumentalities of interstate commerce (people, things) o activities that substantially effect interstate commerce  talked about the most  Lopez case  Supreme Court ruled that gun possession at school did not affect interstate commerce  Court ruled for this clause to be applied, must be an economic issue  Important because first time in decades the court invalidated the third clause o Congress has power to enact Commerce clause under Civil Rights Act of 1875  Dealt with economic activities  US v. Morrison  US v. Jones o Arson of a dwelling violates a federal law that makes arson a crime under interstate commerce o Ruled this doesn’t even fall under law  Solid Waste Agency of Northern Cook County v. US Army Core of Engineers o Interpreted commerce clause not to apply  Gonzalez v. Rich o Congress regulating marijuana o Interstate Commerce o Criminal in some states not others o Upheld statute  Affordable Care Act o Upheld because of Congress’s taxing power th PUBP 14 Amendment 1.26.2016 Powell v. Alabama  Important in that it determined what rights are incorporated into the 14 th amendment and therefore defensible in Federal Court  Federalism  Establishment cause: ‘Congress shall make no law respecting an establishment of religion’ o Federalism provision o Two views (the vs. an)  Congress is not supposed to favor any religion (an establishment)  Congress can’t do anything about religion (the establishment)  Who won the debate of incorporation? o Total incorporations have as all the most basic and important amendments of the bill of rights have been incorporated into the due th process clause in the 14 amendment Equal Protection  Constitution only applies to the government  14 amendment section V o Private discrimination could not be stopped by government/states  Public function exception o  Entanglement exception o Private conduct must be in line with the Constitution if  Common law is law established by cases o Unwritten o Brought to us from England  Read chapter on state action th 14 Amendment  Baron v. Baltimore o 5 Amendment: “No person shall be deprived of…life, liberty, or property, w/o due process of law”  Procedural Due Process  Notice and an opportunity to be heard  Fair treatment, fair trial  Court o 1833, ruling was the 5 amendment does not apply to states, only to federal government o “private property shall not be taken for public use without just compensation” – Takings Clause  Slaughter House Case o Argued 14 amendment, privileged and immunities clause  “no state shall make or inforce any law which shall abridge the privileges or immunities of the citizens of the United States” o Court didn’t know what it meant o First time the question of incorporation came up o Ruled that this clause didn’t encompass the state’s taking of property  Took the middle ground  Sole purpose of 13 and 14 amendment was to free slaves o Never been overruled  Court just changed  Is this the right way to change the Constitution o Due process clause doesn’t apply (according to them)  No precedent to bolster case  Didn’t want to mess with it  Equal protection clause becomes champion of incorporation  Sans v. Rowe o Invalidated a California Law  People who moved to California could not obtain the same social welfare o Court used privileges and immunities clause o Glossed over Slaughter House case, didn’t even address it  Incorporation o 1897 railroad case  Chicago didn’t give compensation to railroad when they took their land  Takings Clause comes into full effect o Fundamental rights are so important that they must be incorporated th into due process of law (14 amendment due process clause) o Powell v. Alabama  Seven black men were accused of rape of two white men  All were sentenced to death, except for a 13 thyear old  3 one day trials  Could not hire lawyers or call their families  Appealed on grounds that they did not have adequate legal council  Alabama Supreme Court held  US Supreme Court ruled that in capital cases, due process clause comes into play and incorporates limited interpretation of 5 amendment 1/14/16 Lecture Balance of Power  Three Branches o Judiciary o Congress o Executive  Two have to agree to get anything done  Constitution has seven articles  Article 1-Congress  Article 2-Executive  Article 3-Judiciary  Spreads the power between federal government and the states o Called “Federalism” o Founding fathers were split on this o Thomas Jefferson hated Federalism o Supremacy Clause gives the federal government the right to supersede state laws  1 function of constitution was to create a government nd  2 function is to divided power between federal and state government  3 function is protect people’s right o Contract clause  Congress will not make a law that will effect contract obligations o Individual liberties only apply to government o Private conduct can be unconstitutional o State action doctrine  Private has to adhere to the 14 amendment  Constitution is unique o Difficult to change (amendments)  2/3 of Congress need to pass it  ¾ of states need to ratify  Made it difficult for the majority to dictate the minority  Constitution limits itself to protect its values, long term values over short term passions  Three Categories for Amendments o One that overrules judicial decisions o One that changes something in the original Constitution o One that changes social attitudes  Debate is between originalism and nonoriginalism o Originalism  Stated or clearly implied in the Constitution  Blanks are for legislature to decide  Wrong to strike down state laws o Nonoriginalism  Enforce norms that are not explicitly written in Constitution  Constitution is more flexible  Meaning of words in Constitution can evolve over time, bypassing the amendment process  Living document  Substantive Due Process-law is so repugnant, we are going to get rid of it PUBP 4803 Batten (GT Alumni) District Court Judge Been on bench for 10 years 1/12/16 Thinking Like a Writer By Tim Terrell (make you a better writer) Structure of Courts  Law suit will be filled in district court o 94 districts in US o We are in the Northern district of Georgia o We have 3 districts o USDC for the Northern District of GA  Criminal cases and civil cases  Can hear cases involving the law of any state or country o Ways to get into court  Federal Question  Statutes and Constitutional questions  Diversity of Jurisdiction  Cross state trials  Plaintiffs and defendants have to be from different states  In both cases, case has to be worth over $75,000 o Loser can appeal to United States Court of Appeals  Country divided into 12 circuits th  Georgia is in the 11 circuit (Alabama, Florida, Georgia)  No trials, only oral arguments  Review the work of the district judge and either affirm ruling, award a retrial/remand, or reverse o Then can appeal to the US Supreme Courth  If there is a circuit split (ex: 11 circuit disagrees with something the 9 circuit rules on) Supreme Court will often take the case) o To become a district judge, you must be nominated by the president and then affirmed by the senate o You serve for life, when you turn 65, you can retire and get paid for life o Precedent is a prior case from which the current case draws authority from to make a judgment  Binding precedent-authority from a higher court and lower courts have no choice but to follow it  Persuasive precedent-some authority but from a different jurisdiction (ex: 9 circuit case)  Secondary materials-newspaper article, professor, book, etc. 2.9.16 Lecture PUBP  Strict scrutiny applied for race and national origin classification o Can be proven if discrimination exists in face of the law or through purpose/impact  Prigg v. Pennsylvania o Declared a law unconstitutional that prevented the use of force or violence on fugitive slaves o Fugitive Slave Act of 1793, relied on  Prevented Northern States from protecting escaped slaves o Ruled that states are prohibited from interfering with the return of fugitive slaves o Court could punish those who harbored fugitive slaves o Slavery so vital, Union could not have been formed without it  State v. Post o Supreme Court of New Jersey rejected a claim that the state constitution abolished slavery o Even Northern Courts enforced slavery  Dred Scott v. Sanford o Diversity of citizenship o Supreme Court declared the Missouri Compromise unconstitutional  Missouri would be emitted to the Union as a slave state  States admitted north of Missouri southern border could decide themselves if they wanted to be a slave state o Ruled that slaves were property, not citizens  Because property, no diversity of citizenship o Slaves were not citizens and therefore could not invoke federal court diversity of citizenship jurisdiction o Missouri Compromise unconstitutional cause it would mean Congress could take away owner’s property without due process or just compensation  North still had discrimination  1865, 13 Amendment prohibits slavery th  Section 1 of the 14 Amendment overrules Dred Scott case  Korematsu v. United States o First time Supreme Court articulated a requirement for strict scrutiny for discrimination based on race and national origin o Court has emphasized that race is an immutable trait and therefore unfair to discriminate against as it cannot be changed o Discrimination will only be tolerated if the government can prove that it is necessary to achieve a compelling government purpose o Only case that government was able to meet strict scrutiny o Book says it was wrong because they used race alone to determine who would be imprisoned and who would be free o Lawyers exaggerated the risks in order to get court to okay it o Means were not necessary to reach the ends  Strauder v. West Virginia o Court declared law unconstitutional a West Virginia law that limited jury service to “white male persons who are 21 years of age and who are citizens of the state” o Facial discriminatory o Struck down, violated 14 amendment  Buchanan v. Warley o Declared unconstitutional a law prevent blacks from buying houses in white neighborhoods  Palmore v. Sidoti o Unconstitutional a state court decision to deny a mother custody of her child cause she married someone of a different race o “Constitution cannot control prejudices but neither can it tolerate them”  Yick Wo v. Hopkins o Ordinance requiring laundry mats to be located in brick or stone buildings unless a waiver was received o 200 petitions applied by Chinese had been denied and only 1 white man’s had been denied o Court ruled in favor of Yick Wo  Loving v. Virginia o Whites can’t marry outside race o Supreme Court declared unconstitutional  Anderson v. Martin o Race of candidates for office be listed on the ballot o Court struck down, inducing racial prejudice at the polls o State Action: violates state action in that the state is the one that prints the ballot, they are a part of the process of discrimination  Plessy v. Ferguson o 1896 separate but equal o 1890, Louisiana law required railroad companies to provide separate but equal accommodations for whites and blacks o Plessy, 7/8ths Caucasian was denied access to white car o Court claimed blacks were racially inferior to whites and that they were second class  Hunter v. Erikson o Akron, Ohio amended the city charter saying that no law or ordinance will be adopted that will deal with racial housing without the voters of Akron o Barricade for African Americans cause it turns a one-step law making process into a two-step one o Court struck down  Washington v. Seattle School District #1 o Law prevented the school board from placing students in schools not closest or next closest to their residence o Unconstitutional o Notable because did not mention race and applied the same to all races o Removed the authority that the school board had to address a racial problem in such a way to burden minorities’ interests  Cumming v. Board of Education o Lawful for there to be a white only school o Court is not going to micromanage the states  Texas Law School v. Prairie View Law School o First time black student was admitted into a white school o Before Brown v. Board of Education o 41 law schools in south and only 1 for blacks o No engineering schools for blacks  Brown v. Board of Education o Did not look at the equality of black schools and white schools, education was different in both o Supreme Court: “Is separate but equal constitutional in public education?”, state mandated education inherently makes black students feel like second class citizens, separation is inherently unequal o Brown was brutally attacked by southern politicians  Major and city council v. Baltimore o Racial segregation in public beaches and bathhouses o Outlawed it  Johnson v. California o Prisoners were held in separate cells based on race o Jail argued they had a big gang problem and that by putting them together things would get worse o Court upheld, can’t draw lines based on race  Washington v. Davis o 1976 case o Blacks and whites had to take a test to become police in Washington DC o Racially disproportionate in police force o Facially neutral  McClesky v. Kemp o GA death penalty o Defendants found killing white people were more likely to get capital punishment than people who killed blacks o Court didn’t look at all the cases, only looked at his case o WHITE PRIVALEGE  Proof of disparate impact does not get cast aside in all cases o Under civil rights act, all you need is discriminatory impact o But our class discusses the 14 amendment, not the Civil Rights Act  Discriminatory Purpose, how can it be proved?  Massachusetts v. Finy o About veterans reviving jobs, gender bias o Court ruled that it was gender neutral and no discrimination CASE BRIEF TOPIC: Chaney v. Fayette County Public School, 977 t.supp:2d 1308 (n.o. GA 2013) Look at google scholar for brief 1.28.16 Commerce Clause  Where it comes into force o the use of the channels of interstate commerce (transport) o the instrumentalities of interstate commerce (people, things) o activities that substantially effect interstate commerce  talked about the most  Lopez case  Supreme Court ruled that gun possession at school did not affect interstate commerce  Court ruled for this clause to be applied, must be an economic issue  Important because first time in decades the court invalidated the third clause o Congress has power to enact Commerce clause under Civil Rights Act of 1875  Dealt with economic activities  US v. Morrison  US v. Jones o Arson of a dwelling violates a federal law that makes arson a crime under interstate commerce o Ruled this doesn’t even fall under law  Solid Waste Agency of Northern Cook County v. US Army Core of Engineers o Interpreted commerce clause not to apply  Gonzalez v. Rich o Congress regulating marijuana o Interstate Commerce o Criminal in some states not others o Upheld statute  Affordable Care Act o Upheld because of Congress’s taxing power


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