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Related Topics
Cards In This Set
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Statute is overbroad if:
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It proscribes activities which may constitutionally be forbidden, AND sweeps within its coverage a substantial amount of speech or conduct protected by guarantees of free speech.
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Doctrine of vagueness:
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conduct forbidden by statute is so unclearly defined that persons of common intelligence would have to guess at its meaning and would differ as to its application - would be void
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State Statute prohibits any retailer of books, magazines, pictures, or posters from “publicly displaying or selling to any person any material that may be harmful to minors b/c of the violent or sexually explicit nature of its pictoral content”
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violates 1st A as it is incorporated into 14th A, b/c statute is excessively vague and overbroad
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Current test of for obscenity:
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“patently offensive” portrayal of “sexual conduct” that is “specifically defined” by state law may be prohibited, provided only that the work, taken as a whole, lacks “serious, literary, artistic, political, or scientific value.”
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Eminent Domain
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indirectly recognized in 5th A; power of govt (federal, state or local) to seize private property, for public use, upon payment of just compensation.
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If the legislation was drafted so that it denied any landholder of significant employment of his land, he’d be entitled to:
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just compensation under the 5th A. Alternatively, the legislation would have to make clear that the taking would be for PUBLIC use, since eminent domain has that limitation (even though state can take the land and turn it over to a private entity, ex a utility)
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Contract Clause
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states (not federal govt) from passing any law which impairs the obligation of Ks. The K must exist at the time regulation was passed in order to be impaired by it,
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Standing is:
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An interest in the outcome of a controversy.
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An organization has standing to challenge govt action that causes an injury in fact to its members if org can demonstrate:
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1. There is an injury in fact to some members of the org that would give these individual members a right to sue on their own behalf; 2. The injury to the members is related to org’s purpose; and 3. Neither the nature of the claim nor the relief requested requires participation of the individual members in the lawsuit.
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When a city conditions a building permit on some “give back” by the owner, there must be a:
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“rough proportionality” b/w the burdens on the public that the building permit would bring about, and the benefits to the public from the give-back.
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Congress can tax for purpose of “providing for the general welfare.”
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This power is plenary (complete) so a tax measure will be upheld so long as it bears some reasonable relationship to revenue production and does not violate any specific consl provision.
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Right to travel
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Protected by P&I Clause of 14th A --> only enjoyed by US citizens not aliens!
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Art III, Sec 2: jurisdiction of federal courts – Among other cases, federal courts may hear cases b/w citizens of difft states (diversity jurisdiction), cases arising under Const or federal law, or treaty (“federal question” jurisdiction), and those where the US is a party. This section gives USSC
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original jurisdiction over cases where a state is a party.
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Congress has the power to create lower federal courts, and give them jurisdiction
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concurrent with the USSC.
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T/F? Congress specifically authorized federal courts to hear cases brought by aliens against states.
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TRUE!!!
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