Week of 10/5
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This 5 page Class Notes was uploaded by Breonna Rogers on Monday October 12, 2015. The Class Notes belongs to LEGL 225-006 at Towson University taught by John Seeberger in Summer 2015. Since its upload, it has received 51 views.
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The content was detailed, clear, and very well organized. Will definitely be coming back to Breonna for help in class!
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Date Created: 10/12/15
Constitutional Law Landmark Cases Marbury v Madison 1803 gt The Supreme Court is the final power to determine constitutionalism of statutes passed by Congress laws on the federal level Judicial Review Democratic Republican Party of Thomas Jefferson defeated the Federalists party of John Adams in the 1800 election Before leaving office Adams signed the commissions for the justices of peace however they were never delivered and after taking office Jefferson decided not to continue with the plan Afterward one of the appointees for justice of peace petitioned the Supreme Court for a writ ofmandamus which compelled Jefferson to prove why William Marbury should not receive his commission Chief Justice Marshall had to determine whether it was appropriate for writs of mandamus to be filed directly to the Supreme Court Justice Marshall ruled that even though Section 13 of the Judiciary Act of 1789 granted the court the right to grant the writ of mandamus it was unconstitutional because in this case it conflicted with the Constitution The Supreme Court did not have original jurisdiction over this case This established the idea ofjudicial review As a result Marbury was denied his commission Martin v Hunter Lessee 1816 gt Completely addresses the issue of Supreme Court s power to determine whether laws are unconstitutional on federal and state level In this case Virginia seized land which was originally British owned based on a state statute However this statute contradicted a federal treaty Martin was the original owner of the land Hunter received the land after it was seized by the states Case went from the Supreme Court of Virginia to the US Supreme Court The Court determined the state s statue to be unconstitutional The First Amendment Texas v Johnson 1989 Gregory Johnson was arrested for burning an American flag based on a Texas statute gt Texas Court of appeals reversed the decision the arrest violated Gregory s First Amendment right to free speech Burning the flag was a form of quotsymbolic speech The Fourteenth Amendment makes the First Amendment applicable to the states which is why the case facts mentions both amendments This case refers to quotpolitical speech which has greater protection than quotcommercial speech The Government cannot prohibit expression of an idea based on idea being offensive or disagreeable quotWe do no consecrate the flag by punishing its desecration for in doing so we dilute the freedom that this cherished emblem represents The Court determined that Gregory Johnson s politicalsymbolic speech of flag burning was protected by the First Amendment Citizens United v Federal Election Commission The Reform Act banned corporation and unions from quotelectioneering communication campaigning via media 30 days before a presidential primary The Court acknowledges that there are restrictions on the amount of money spent on campaigns which are necessary Recognizes that the First Amendment protection extends to corporation Goes on to say quotspeech would be suppressed in the realm where its necessity is most evident in the public dialogue preceding a real election Salib v City of Mesa Edward Salib sued the city of Mesa claiming the Sign Code violated his First Amendment freedom of speech The court gave summary judgement for Mesa and Salib appealed Court states that under a Supreme Court case Central Hudson commercial speech that concerns unlawful activity or is misleading is not protected by the First Amendment Commercial speech can be regulated if the government meets a threeprong or question test Salib argued the restriction violated the third prong of Central Hudson however the court decided the regulation doesn t have to be perfect The Court concluded the Sign Code met all the guidelines and affirmed the trial court s Summary Judgment Kennedy v Louisiana Kennedy raped his stepdaughter was convicted of aggravated rape and sentenced to death which was permitted by the Louisiana statute He eventually appealed to the Supreme Court Claimed the statue was unconstitutional and violated his eight Amendment right Court made a distinction between intentional firstdegree murder and non homicide crimes Court concluding that there was a national consensus against imposing the death penalty for rape and strikes down the Louisiana statute Kelo v City of New London Connecticut New London Connecticut was declining economically and sought to buy privately owned properties for private developments Nine owners refused to sell filed a lawsuit claiming the city was violating the Takings Clause by taking land for private not public use Case reached the Supreme Court Ultimately the Supreme Court decided the city s plan for economic development could be considered public use and affirmed the city s plan did not violate the Taking Clause This is an example ofjudicial activism Ch 5 Constitutional Law Know for the Test o How many Justices sit on the Supreme Court Know the all the names First woman Justice 0 Know the Amendment and all the parts 0 Ex First Amendment 1 Freedom of speech 2 Peaceable assembly etc Interstate Commerce Clause is the primary basis for Congress to enact legislation Depending on the makeup of the Supreme Court the Commerce Clause is read either narrowly conservative or broadly liberal Wickard v Filburn Regulating the amount of wheat a farmer could grow Interstate Commerce was defined more broadly quotsubstantive economic effect United States v Lopez Commerce Clause was defined more conservatively Case involved GunFree School Zones Act quotgeneral police powers is the authority a state has to police within a state Understand that the underlying issue was whether Congress had the m to create such a statute not is guns should or should not be allowed on school grounds The Affordable Care Act was the most recent controversial congressional act concerning the Commerce Clause The Supreme Court found the Act was constitutional because it was within Congress taxing power Supremacy Clause When the Constitution was established the courts did not have the authority to determine a statute or governmental action unconstitutional quotT he courts gave themselves the power of determining laws unconstitutional Marbury v Madison not The Constitution There was a case in which a federal administrative agency put out specific regulation on how lighter had to be made A state law also had regulations on this product that were stricter A kid burned down a house and he owner sued the lighter s manufacturer The manufacturer argued that they followed the federal law However they didn t follow the state law quotFederal law trumps state law Judicial Review 0 Judicial Activism court s willingness to decide issues on constitutional grounds 0 Judicial Restraint court s attitude that it should leave law making to legislators Fifth Amendment Due Process amp Takings Clause Procedural Due Process Substantive Due Process 0 Trial and all protections given 0 The fundamental right to own property of liberty life within is our right association etc o In order for the government to deprive people of substantive due process rights the government must follow procedural due process When dealing with the abridgment of citizens rights it must include acts of government to be a legitimate claim State ActorState Action
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