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Constitutional law, part 2
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Constitutional law, part 2

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BUS 263 slides from class, Sept. 12, 2013.

BUS 263 slides from class, Sept. 12, 2013.

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Transcript

  • 1. Chapter 6: Constitutional regulation of business CC licensed (CC-BY 2.5) photo by J Vincour: http://bit.ly/15NmQLF
  • 2. Commerce Clause Art. I, sec. 8: “The Congress shall have the Power . . . To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;”
  • 3. Art. 1 §8 The Congress shall have Power to lay and collect Taxes . . . to pay the Debts and provide for the common Defense and general Welfare of the United States.
  • 4. cc licensed ( BY NC ) flickr photo by jim swenson: http://flic.kr/p/8JA7SV
  • 5. Amendment I  Freedom of religion  Freedom of speech  Freedom of the press  Peacable assembly  Redress of grievances
  • 6. cc licensed ( BY NC SA ) flickr photo by Jim: http://flic.kr/p/GMcAK
  • 7. cc licensed ( BY NC ) flickr photo by Richard Layman: http://flic.kr/p/8oBp9
  • 8. cc licensed ( BY NC SA ) flickr photo by terry stoudt: http://flic.kr/p/6fZ6wn
  • 9. Violation of 1st Amendment?
  • 10. State action
  • 11. cc licensed ( BY SA ) flickr photo by Ed Uthman: http://flic.kr/p/4QEsE1
  • 12. cc licensed ( BY NC ND ) flickr photo by AFSC Photos: http://flic.kr/p/axPEuL
  • 13. cc licensed ( BY SA ) flickr photo by Gage Skidmore: http://flic.kr/p/7EUhBE
  • 14. “I think if there’s any place in this country, Washington, D.C., is the place where we need to be the most tolerant of individuals that are exercising their First Amendment activities.” --Jonathan B. Jarvis ©2011, http://www.nathalierothschild.com
  • 15. Congress? What about states?
  • 16. cc licensed ( BY ND ) flickr photo b Wally Argus: http://flic.kr/p/aw5BQR
  • 17. Selective incorporation
  • 18. a right is "fundamental" by being “implicit in the concept of ordered liberty” or “deeply rooted in our nation’s history and traditions”
  • 19. Incorporated Amendments I: Free speech, etc. II: Bear arms (McDonald v Chicago, 2010) III: Quartering soldiers (2d circuit yes; elsewhere no) IV: Unreasonable search & seizure V: Double-jeopardy, self-incrimination, takings (but not Grand Jury) VI: Speedy trial, jury, counsel VII: Cruel & unusual, but not excessive bail
  • 20. Whom does Constitution protect?
  • 21. U.S. Citizen outside U.S territory?
  • 22. Non-citizens in U.S?
  • 23. U.S. Citizens anywhere in the world Anyone within U.S.
  • 24. 1st Amendment  Religion (establishment/free exercise)  Speech  Press  Assembly  Redress of Grievances
  • 25. Protected speech  Political  Citizens United
  • 26. Semi-protected  Offensive  Commercial
  • 27. Unprotected speech  Dangerous  “Fighting words”  Defamation  Obscenity  Work as a whole appeals to prurient interest and describes sexual conduct in an offensive way; lacks serious literary, artistic, political, or scientific value
  • 28. 4th Amendment  No “unreasonable” search & seizure  Warrants  More when we get to criminal law
  • 29. 5th Amendment  Self-incrimination  Individuals  Not businesses  More when we get to criminal law
  • 30. Due process  5th & 14th Amendments  Procedural: fundamental fairness  Notice  Opportunity to be heard  Impartial decision maker  Substantive  Fundamental rights v. state interest
  • 31. Equal protection  Suspect class/fundamental rights: strict scrutiny  Narrowly tailored to meet a compelling government interest (least restrictive means)  Gender/illegitimacy: intermediate scrutiny  Substantially related to important government interest  Everything else: rational basis  Rationally related to legitimate government interest
  • 32. Tuscaloosa Billboard ordinance Billboards . . . shall not be mounted, affixed or attached to a vehicle . . . and operated, maneuvered or towed in or upon any street . . . or right-of- way within the corporate limits of the city. Billboard: An outdoor advertising device which contains at any time a commercial message
  • 33. CC licensed (by-nc-nd) Flickr photo by http://www.flickr.com/photos/femaletrumpet02/ http://www.flickr.com/photos/femaletrumpet02/4506756050/
  • 34. Equal protection analysis • Standard? – Suspect class or fundamental right? – Strict scrutiny • Result? – Overturned
  • 35. Tuscaloosa Couch Ordinance It shall be unlawful for any person residing in . . . any dwelling within the City of Tuscaloosa to leave . . . outside of any such dwelling any household appliances or household furniture in such a manner that the same are exposed to the elements.
  • 36. cc licensed ( BY NC ND ) flickr photo by tantrum_dan: http://flickr.com/photos/tantrum_dan/2590618211/
  • 37. Equal protection analysis • Standard? – Suspect class or fundamental right? – Gender/illegitimacy? – Rational basis • Result? – Upheld