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Constitutional Law - Coggle Diagram
Constitutional Law
First Amendment
Freedom of Religion
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Exercise
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gov can't deny benefits, burden, punish based on religious belief
Freedom of Speech
Congress may make no law abridging the freedom of speech, can't censor/discriminate based on content except for:
Conduct regulations which incidentally restricts speech, must further an important/substantial gov interest unrelated to the speech, and restriction must be no greater than essential for that interest
Government as speaker, may discrim
Unprotected speech
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Obscene Speech
1.Average person applying contemporary community standards would find that the work, as a whole, is overly sexual
2.The work shows/tells sex conduct specifically defined by state law in a patently offensive way, and
3.the work as a whole lacks serious literary, artistic, political, or scientific value
Defamatory Speech
Constitutional Restrictions when the plaintiff is a public official/figure, or for matters of public concern
Plaintiff must then prove malice, aka knowledge that statement was false/recklessly disregarded the truth
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Sexual Speech
Reg must serve a substantial gov interest, and leave open reasonable alternative channels of communication
Regulations of time, place, and manner
are allowed under strict scrutiny, must be:
- Content-neutral, both for subject and viewpoint
- Narrowly tailored to serve significant gov interests
- leaves alternative channels open
Freedom of the Press
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public and press can both go to crim trials unless judge finds an overriding interest that can't be accommodated with less restrictive means
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radio/tv can be more closely regulated due to limited airwaves, cable tv is somewhere inbetween radio and papers
Freedom of Association
Similar to speech, actions that may curtail/ have
the effect of curtailing face the strictest scrutiny
Powers of Each Branch
Judiciary:
Powers From:
Marbury v Madison, interpret the law
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Executive
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Appointment of judges, ambassadors, and all other officers of US
Veto Power, 10 day limit, pocket veto
make treaties, need 2/3 of senate to approve
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State Action
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Must be action by gov (fed or state),
not just a private citizen/business, 14/15a
Step 1
In essays, ALWAYS include how amendments apply to the states because the 14a is interpreted such that fundamental rights are not privileges and immunities of national citizenship
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Dormant Commerce Clause
States may regulate local transactions
affecting interstate commerce so long as
Congress hasn't enacted legislation and:
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Due Process
For all persons, aliens and citizens. Includes Corps, though they have not privilege against self-incrimination
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Procedural
From 5/14a, protection against deprivation of life,
liberty, or property w/out due process of law
liberty interests like freedom from bodily restraints, physical punishment, commitment to a mental institution
Property interests like public education, welfare, retaining driver's license, public employment, prejudgment garnishment, forfeiture of property, and business licensing
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