PRL 101 Class lecture slides, Feb. 1, 2011Presentation Transcript
Chapter 5: American Legal Heritage and Constitutional Law
Closed book/closed notes
You may collaborate with your team
You are responsible for the answers on your quiz
You do not have to choose the same answers as your team
“ the Laws of Nature”
“ We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”
“ We, the People, in order to form a more perfect union . . . do ordain and establish this constitution.”
5th Amendment: “No person . . . shall be deprived of life, liberty, or property without due process of law.”
In re: Troy Davis
Scalia: “This Court has never held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial but is later able to convince a habeas court that he is 'actually' innocent.”
Stevens: “The substantial risk of putting an innocent man to death clearly provides an adequate justification for holding an evidentiary hearing. Simply put, the case is sufficiently 'exceptional' to warrant our original habeas jurisdiction.”
Sources of Law
“ To stand by things decided”
Precedent: similar cases ought to have similar results
Issued by a superior court in the same jurisdiction
Issued by a different jurisdiction
Case of first impression
Different facts = different results
Note factual differences regardless of whether they help client
Standard form is Vol. Reporter Page (Year)
517 US 559 (1996)
Summary of cases
Different situations call for different summaries
Many cases have multiple issues, and only a few may relate to a particular client
Questions of fact
Questions of law
Relevant facts necessary for purposes of decision
What question(s) must the court decide?
How did the court rule?
Why did the court rule?
“ Supreme Law of the Land”
Limits state action
Federal: powers enumerated in Art I § 8
State: all other powers (Amendment 10)
Separation of Powers?
Checks and balances?
Art. VI: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land.”
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;”
Wickard v Filburn (1942)
“ But even if [Filburn]'s activity be local and though it may not be regarded as commerce, it may still, whatever its nature, be reached by Congress if it exerts a substantial economic effect on interstate commerce”
States have the power to regulate public health, safety, morals, and general welfare.
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
Tuscaloosa Billboard ordinance
Billboards as defined in section 24-132 shall not be mounted, affixed or attached to a vehicle, motor vehicle or trailer and operated, maneuvered or towed in or upon any street, avenue, alley or right-of-way within the corporate limits of the city. Such prohibition shall include vehicles, motor vehicles or trailers designed and built or used specifically for and as mobile advertising billboards.
Billboard: An outdoor advertising device which contains at any time a commercial message
Tuscaloosa Couch Ordinance
It shall be unlawful for any person residing in or having charge or control of any dwelling within the City of Tuscaloosa to leave or permit to remain outside of any such dwelling any household appliances or household furniture in such a manner that the same are exposed to the elements.