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| Judicial Review-review of congressional action constitutionality, Court limited to the powers given in Article III, writ of mandamis original jurisdiction not to supreme court |
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| Barron v Mayor and City Council of Baltimore |
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| 5th amendment intended for fed govt, not the state, not in jurisdiction of supreme court |
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| Selective incorporation (case by case basis), Due Process LAw only protects rights "of the very essence of the scheme of ordered liberty".. double jeopardy not essential |
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| Guaranteeing all persons equal entitlement to quasi public facilities unconstitutional use of congressional power |
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| Two types of concurring opinions |
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| Regular and special.. regular: additional info agreeing on legal reasoning, special: same conclusion diff legal reasoning |
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| 4-3-2, the opinion of the 4 not legally binding |
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| extra written info not majority opinion not binding |
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Unitary system
Confederal systam
Federal System |
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Fed>State>Citizens
State>Federal>Citizens>State>Federal
Federal>State, State>Federal, Federal>Citizens, State>C
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Each jurisdiction mutual respect .. sovereignty over cases and issues
ie legal reciprocity |
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| Exhaustion of remedies doctrine |
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| Must go through all non judiciary steps for resolution before eligible to be seen in federal court |
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| When a plaintiff decides between different levels to take a case to based on some advantage gained because of differing procedural rules |
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| Requirement for state action not met in a purely private and voluntary covenant, but because the supreme court of missouri chose to enforce it it was. State action includes actions by legislative bodies and also courts and judicial officials |
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| Burton v Wilmington Parking Authority |
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| Public property, paid for by public, leased to restaurant, building where located publicly owned and dedicated to public use, violation of 14th amendment |
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| State action doctrine, and exceptions |
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Fourteenth amendment only applies to state and local government actions, not the actions of private entities.
Exceptions: public functions, entanglement
Public functions: private actor performing task traditionally administered by govt
Entanglement: If the state contracts out one of its functions to a priivate entity, the entity will be considered a state actor in terms of the actions it performs for the govt
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| Jackson v Metropolitan Edison CO |
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| Providing electricity not traditional govt power, state action doctrine bars case, govt involvement with edison not sufficient to call state action |
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Legal restrictions that curtail civil rights of single racial group are subject to most rigid scrutiny, pressing public interest may sometimes justify such restrictions, so is the case with Japanese internment camps, case ruling later rescinded as far as the legality of internment camps, but strict scrutiny stands
Req for strict: Compelling state interest, Narrowly Tailored, Least restrictive means |
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Oklahoma alcohol men under age of 21 and women under age 18
Intermediate scrutiny: Government restriction must be substantially related to an important govt interest
based on stereotype and not legitimate statistics, not subst related to important govt interest of public safety |
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Amendment 2 of colorado takes away ability for homosexuals to seek protection from discrimination, also two broad for its ends, not rationally related to a legitimate government interest
Rational Basis Test |
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Due process clause of the 14th amendment does not include all of the bill of rights, not protected against self incrimination in murder case where a defendant decides not to take the stand and be cross examined
Later such comment on a defendants failure to take the stand was found to be a violation of the 14th amendment |
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Public functions exception to the state action doctrine
Corp owned chickasaw town, constitution applicable to privately owned towns |
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| Private organizations primary election constitutes a public function, and thus it is subject to the fifteenth amendment and fourteenth amendment |
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The EP Doctrine is violated when a state provides aide to students of private, segregated schools because it encourages continued racial discrimination..
Mississippi schools, textbook lending program |
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| A license from the state liquor board is not enough of state involvement to constitute state action .. barred by S.A.D. |
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Private conduct is not state action simply because the private entity serves a public function
Public funds pay for 90%+ of school budget, dismissed staff |
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Railroad express v New York
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Railway Express argued underinclusive because it didn't ban all advertising..
EP Doctrine .. statute disallowing trucks to advertise other companies on their trucks, public safety (traffic distractions)
Ruling that it is underinclusive but not unconstitutional
"Not a requirement of equal protection that all evils of the same genus be eradicated or none at all" |
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| NY Transit Authority v Beazer |
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Example of Overinclusiveness
State legislation does not violate the EP clause merely because the classifications that it makes are imperfect.
It may have been somewhat blanketing as opposed to case by case, but not a constitutional issue |
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| Reaffirmed fugitive slave act, Prigg slave catcher.. sold woman and children after they had essentially been free and owner had died |
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| Slaves not citizens under the US constitution 1856 |
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| Facially Discriminatory.. Categories |
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The law, on its face, discriminates. A clearly sought out consequence.
Single case (Korematsu)
Discriminate against both minorities and whites (Loving)
Laws requiring separation of races (Plessy) |
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| Intermediate scrutiny, single sex school not allowing women on basis of stereotyped unconstitutional |
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| Law prohibiting interacial marriage struck down by strict scrutiny against EP Doctrine |
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| Separate but equal doctrine, legal to disallow black people from part of a train, etc |
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| Separate but unequal law schools, struck down University of Texas Law School policy, challenge of separate but equal doctrine |
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| Brown v Board of Education |
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Separate but equal educational facilities are inherently unequal and thus unconstitutional
No form of implementation of new policy |
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| Dejure/de facto segregation |
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De Jure: Segregation through the law: unconstitutional
De facto: chosen segregation, legal aka self segregation |
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| Swann v Charlotte Mecklenberg Board of Education |
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| The existence of all white or all black schools cannot be a refelction of segregation policies. Buses can eb used to correct racial imbalances because they are a traditional form of public education transportation |
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District Courts cannot redraw the lines of integrated school systems to achieve racial balance in a segregated school system absent an interdistrict violation or effect
Facially neutral laws that discriminatory impact enough to elevate to strict scrutiny disproportionate impact and discriminatory purpose |
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| Regents of the University of California (Davis) v Bakke |
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Although race may be a factor in determining admission to public educational institutions, it may not be the sole determining factor.
16 out of 100 given spots to disadvantaged minorities |
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| City of Richmond v JA Croson Company |
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Affirmative action programs can only be maintained by a showing that the programs aim is to eliminate effects of past discrimination.
Construction contractors had to set aside 30% of subcontracts to one or more Minority Business Enterprises.. Cannot withstand strict scrutiny |
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The fourteenth amendment does not provide that one privelege and immunity of women as citizens is to engage in any profession.
State Action Doctrine bars further, the state bar is a matter reserved to the states |
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Classifications based on gender must be substantially related to an important govt interest in order to uphold per the EP Clause
The administrator of a recently deceased child cannot automatically go to the father by statute |
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Gender based classifications like racial classifications .. some form of strict scrutiny.. later intermediate by craig v boren
Female soldier only can call husband dependent if she makes more than half salary and not other way around: Unconstitutional .. strict
Administrative convenience is not an essential government interest |
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Biological differences between men and women exist, statutes that classify and benefit women because of such differences do not violate the EP doctrine.
Difference does not come from a stereotype |
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The government may enact remedial legislation to benefit women in areas where they have been traditionally discriminated against
Women getting better social security benefits because of the method of calcula |
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| Massachusetts Board of Retirement v Murgia |
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Age classifications are only subject to rational basis
Massachusetts can force people at a certain age in the police force to retire
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| Cleburne v Cleburne Living Center |
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| Discrimination against the mentally challenged is not elevated to strict scrutiny, but only rational basis, aka rationally related to a legitimate government interest |
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| An Arizona law that had a legal citizenship and at least 15 years or more of living there is unconstitutional, strict scrutiny must be applied to nationality cases |
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Requiring aliens eligible to naturalize to do so in order to become a teacher is constitutional because there's a rational basis and because there is a legitimate government interest ie opportunity to influence students about govt.. etc.. .
nationality exception when there is state action by the plaintiff involved > rational basis |
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| Withdrawing funding for children of aliens is unconstitutional.. the denial does not represent a legitimate government interest.. laws affecting children of undocumented workers exception > intermediate scrutiny |
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| A one year residency req for applying for welfare is unconstitutional .. right to travel is an inherent right and thus strict scrutiny.. not a compelling govt interest |
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| San antonio independent school district v rodriguez |
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| Equal Education of children not a fundamental right and thus is not strict scrutiny, the policy of taking money from property tax for schools in the city despite differences in property values across texas.. thus rational basis.. it was rationally related to a legt govt interest |
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Plenary power of federal govt exception > Rational basis
Fed can limit qualification for benefits to aliens constitutionally |
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