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Constitutional Law 2 Bill of Rights, Habeas Corpus # #, Requisites for…

- - - - Necessary and narrowly tailored means
        
        Test of Reasonableness
        
        There is a substantial distinction;
        
        Applies equally to all members of the same class;
        
        Not limited to existing conditions; and
        
        Germane to the purpose of the law. #
        
        Are the requirements met?
        
        NO
        
        There is a violation of the EPC.
        
        YES
        
        EPC is not violated.
        There is a substantial classification.
      - Compelling government interest
      - Least restrictive means
  - - - Substantial government interest
      - Less restrictive means
      - Substantially related to government purpose
  - - - Legitimate government interest
      - Purpose and Means must be related
      - Rationally related to government purpose
- - - - Libel
        
        Protected Libel
        
        Doctrine of Fair Commentary
        
        Fair and True Report
        
        US v. Bustos
        Complete liberty to comment on the conduct of public men is necessary for free speech.
        
        Private Communications
        
        Unprotected Libel
      - Fighting Words
      - Profane
      - Obscene
    - - Political Speech
        
        Is there prior restraint
        and subsequent punishment?
        
        Content-Based
        
        Content-Neutral
      - Commercial Speech
  - - - Belief
        
        Absolutely protected
      - Conduct
        
        If Speech
        
        Use Clear and Present Danger Test
        (INC v. CA)
        
        If Pure Conduct
        
        Use Benevolent Neutrality
    - - Pick a mode of analysis
        
        Lemon Test
        
        Secular purpose
        
        Neither advances nor inhibits religion
        
        No excessive entanglement with religion
        
        Aglipay v. Ruiz
        
        As long as it has a secular purpose and the benefit to religion is incidental, there is no violation of the Non-Establishment Clause.
- - - - In flagrante delicto
      - Hot Pursuit Arrest
      - Escaped Prisoner
- - - - Refer to criminal matters;
      - Retroactive application; and
      - Prejudicial to the accused.
    - - Aggravtes a crime
      - Deprives an accused of lawful protection from:
        a. former conviction;
        b. acquital; or
        c. proclamation of amnesty.
  - - - It is an inherent power of the State where it can appropriate private property for public consumption with just compensation.
      - Also called The Power of Appropriation
    - - Legislature
  - - - Definition
  - - - That there is a law;
      - That the law imposes a penal burden on a named individual or ascertainable members of a group; and
      - That the imposition be direct and without judicial trial.
    - - Legislative act that inflicts punishment without trial, its essence being the substitution of legislative fiat for a judicial determination of guilty.