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CON LAW (1st AMENDMENT (time place and manner restriction (whatever you…
CON LAW
1st AMENDMENT
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unprotected speech
imminent lawless action, true threats, defamation
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freedom of religion
free exercise clause
protects any belief, NOT all conduct
establishment clause
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valid only if: it has a secular purpose; and has a primary effect that neither advances nor inhibits religion; and does not produce excessive gov entanglement w/ religion (LEMON TEST)
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Standing
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(1) the plaintiff has suffered a concrete injury; (2) that injury is caused by the actions of the defendant; and (3) it must be likely that the injury will be redressed by a favorable decision
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FED vs. STATE
Commerce Clause
CC gives the fed gov the power to:
regulate the channels of interstate com;
regulate the instrumentalities of that com;
and reg activities that have a substantial ECONOMIC
effect on that com
10th Amendment
the fed gov cannot reg the states as states, but they can adopt gen regs that apply to states and private entities equally (ex. min. wage laws)
11th Amendment
fed courts gen may not hear damages actions against states and their agencies (EXCEPTIONS:injunctions and money damages not from the treasury)
Dormant CC
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if nondiscrim, but incidentally burdens interstate com, = BALANCING TEST: the action is invalid if the burden on interstate com outweighs the benefit to the state
STATE ACTION
Equal Protection
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ALL OTHERS: Rational basis, and the challenger must prove, NOT the gov
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Due process
Procedural DP
a person's interest in a gov is protected only if the person has a LEGIT claim of entitlement to the benefit. no mere expectancy
Substantive DP
protects against unreasonable laws or other gov action: if FUNDAMENTAL RIGHT: law must pass strict scrutiny; i.e., necessary and compelling
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