Affectation Doctrine
If intrastate activity affects people in another state, then intrastate activity BECOMES interstate activity. Once this happens, Congress regulates that activity.
Legislative Branch
Congress.
Judicial Branch
Federal Courts.
Executive Branch
The President.
Establishment Clause
Congress may not make a law that helps or assists or mandates practicing religion.
Free Exercise Clause
Congress may not make a law that keeps people from practicing their religion.
Fruit of the Poisonous Tree
Legal metaphor in the United States used to describe evidence that is obtained illegally. The logic of the terminology is that if the source (the "tree") of the evidence or evidence itself is tainted, then anything gained (the "fruit") from it is tainted
Katzenbach V. McClung
Ollie's Barbeque is a family-owned restaurant in Alabama that specializes in barbecued meats and homemade pies. It is located on a state highway 11 blocks from an interstate one and a bit farther from railroad and bus stations. Even though two-thirds of t
What happened in the case of Maine V. Taylor?
State of Maine passed a statute that said all bait fish coming into state had to be inspected for parasites at the border before they could come in to the state.
What was the argument by the State of Maine in the case of Maine V. Taylor?
The statute did impede interstate commerce but it was passed to protect the health, safety, and welfare of citizens of the State of Maine.
What was the argument by the fish importers in the case of Maine V. Taylor?
Claimed that the Maine statute violated the commerce clause since the law impeded interstate commerce.
Who won in the case of Maine V. Taylor?
Maine, because if the state makes a strong enough health, safety, or welfare argument, laws will be held to be constitutional.
Probable Clause
It's more likely than not that a crime is being or has been committed.
Search and Seizure
Search: Search of someone's body/person or someone's property.
Seizure: This is typically called an arrest.
Reasonable only if the police have probable cause.
Article I
Sets out the powers of Congress (Legislative Branch).
Article II
Sets out the power of the President (Executive Branch).
Article III
Sets out the powers of the judiciary (Judicial Branch).
Balancing Test
Balances how much the state statute impedes interstate commerce, weighed against how important the statute is to protect citizens.
Commerce Clause
In Article I, Section 8. "Congress shall have the power to regulate commerce with foreign nations, and among the several states, and with Indian tribes.
First Amendment
Freedom of speech: Congress shall make no law abridging the freedom of speech. Freedom of speech can be limited in time, place, and manner. Protection.
Religion: This is an attempt to keep the government neutral. Congress may not make a law that helps, as
Interstate Commerce
Gives Congress the power to regulate interstate commerce. Buying or selling of goods across state lines. Congress could make laws regulating this form of commerce.
Limitations to Free Speech
...
Plain View Doctrine
Crimes committed in front of police gives probable cause. Police may have to obtain a warrant if plain view doesn't exist.
Right to Redress the Government
Citizens have a right to criticize the government and ask government to change without going to jail.
Warrant
Piece of paper that judge signs off on.
How is a warrant obtained?
1. Judge determines if there is enough probable cause to issue a warrant to search or seize.
2. Showing by police.
What happens when a warrant is issued?
The police can search.
What power does that give to the police?
They can find evidence in plain view.
Article I, Section 8
Sets out the powers of Congress.
Assembly
The right for a crowd to form. Get a group of people together and protest. Limited to time, place, and manner.
Bill of Rights
The first 10 amendments of the Constitution.
Amendment I of the Constitution
Freedom of Religion, Press, Expression: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, an
Amendment IV of the Constitution
Search and Seizure: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probably cause, supported by Oat or affirmatio
Contraband
Illegal substances or weapons.
Freedom of the Press
Gives newspapers and reporters the freedom of the press. They cannot print something that is defamatory. Not right to print anything.
Heart of Atlanta Motel V. United States
The Hearts of Atlanta Motel was sued because they refused to rent rooms to guests who were African American. The motel lost the case and appealed on the grounds of discrimination under the Civil Rights Act of 1964. Hearts of Atlanta appealed because the m
Wickard V. Filburn
Although the Filburn's, the famer's, activity was totally separate from interstate commerce, Congress may regulate activities that affect interstate commerce. Filburn's production of his own wheat affected the overall demand for wheat, which allows Congre