Constitution Flashcards
Federal Gov is immune from direct state regulation.
However, Congress may waive this immunity and require the fed gov to comply with state law by clearly indicating federal consent to be bound.
- The court would uphold the penalty if Congress had explicitly required the Army company with state asbestos regulations.
Article 3
Judicial Vesting Clause
Original Juridiction
a court has authority to hear a case right when it starts; rather than hear it on appeal.
Supreme Court has
both 1) original and 2) exclusive jurisdiction over cases between two states.
Public Ministers, Ambassadors, Consuls,
Original jurisdiction
Appellate Juridiction
Some courts have the power to review and modify the decision of the lower court.
Cases can come through appeal
by writ of certiorary (a discretionary appeal that judge have to agree to hear).
Congress can
enlarge or restrict the supreme court’s appellate juridiction.
11th
We don’t want citizens suing a state in Federal Court. Because Federalism.
A state wants to show
it is transparent, moral , and responsive towards it’s citizens, and committed to strengthening its policies through legal challenges.
States view
the federal courts actually a superior forum to litigate.
Federal government sues
state government in federal court;
this is allowed.
Congress can
abrogate a state’s immunity.
Congress can enforce the provisions of the 14th Amendment
through “appropriate legislation.”
- When a sate is fucking with their citizen’s civil rights. Daddy federal government will step in.
Federal Government will abrogate the state’s immunity
in a fucking instant and you are about to meet US District Judge Thomas Walters who will fuck your whole state up.
Congress can authorize suits and damages against states
in Federal Court under the 13th (Slavery), 14th (Equal protection under the laws and civil rights) and 15th (cannot prevent voting based on race).
If a state violates the 13, 14, and 15th
they are now about to be sued in Federal Court.
2 states at war in Federal Court.
OK; so long as one state isn’t secretly bringing the suit on behalf of their citizens.
Suits against State Officers
you ex parte young addicts;
In the case of ex parte young;
there was this state official who was like, “I don’t give a fuck about trains.” they can no longer have wheels.”
Ex Parte Young: Tere was a federal law saying
You cannot mess with trains.
If someone sued him, in Federal Court for violating the federal train law;
State citizen suing state official in Federal Court? Seems a little sketchy for the 11th Amend.
The court decided that a state citizen could only sue state officials
if they were acting outside of their legal authority and violating federal law. and they could only sue them to enjoin them from violating federal law.
that is, only for an injunction to stop them violating the federal law and not money damages.
Ex parte: the State official is messing with the trains.
It is against Federal Law for officials to mess with the trains. He is acting outside of his authority as a state official. they can now bring him into Federal Court to get an injunction on him that says, “stop violating Federal law.”
Suing a state official in Federal court for money damages
which would be paid by non other than the State: would be no different from suing the State itself.
Can you sue a state official in their personal capacity
if they will be paying out of their own pockets? YES.
Suing a state official for money out of their own pockets because
they hit your car: OK.
Suing a state senator and wanting retroactive money damages from the state COFFERS
NO
When can a citizen sue a state in Federal Court?
- State waive their right to be sued to virtue signal.
- Congress abrogates because a state was fucking around with civil rights.
- Fed Gv sues state in Fed Court: this is allowed.
- You can sue a state official for injunctive relief if they are acting outside the scope of their authority by violating Federal Law or in their personal capacity if they hit your car.
the states also lost their sovereign immunity
in Bankruptcy proceedings. so they can be brought into federal court by state creditors as well.
Justiciability doctrine
ensure that courts deal with actual, real and concrete issues.
NOT theoretical or political issues.
The constitution or some shit has a requirement that the courts only hear
true, “cases or controversies.”
The plaintiff must have a sufficient interest
in the dispute to be able to satisfy this case or controversy requirement.
The plaintiff must show that
- They have been injured, or
- They will soon be injured.
Injury
or a very likely future injury
Redressability
The Plaintiff MUST actually show that the defendant caused the injury so that a court decision will actually resolve the injury
The court doesn’t issue
“Advisory opinions”
3rd Party Standing
A plaintiff can’t assert claims on behalf of people that are not before the court.
The 3rd party standing
- Close relationship between Plaintiff & Injured Party (i.e., Abortion cases brought by doctors on behalf of Patients).
- Injured party is unlikely to assert their own rights (Parent or guardian suing on behalf of incapacitated minor).
- Assignee of A Contract can sue even if the money will go to the assignor (Contracts shits)
- Organizational Standing.
Organizational STanding
- Members would have standing to sue themselves.
- Claims are Germane to the organization’s purpose.
- Neither the claim or relief requires the participation of individual members.
Ripeness
The Plaintiff is NOT entitled to a review of a statute or regulation before its enforcement unless they will suffer some immediate harm or immediate threat of harm.
- No speculative harm allowed.
The facts must have matured into an
existing controversy that warrants judicial intervention.r
y hasn’t occurred yet;
or if the harm is speculative; or perhaps if the facts have not developed enough for litigation to commence; it NOT ripe.
If I have a raw goat milk factory and I try to sue the FDA for considering putting higher restrictions on raw goat milk;
I can’t. They are only considering putting the restrictions on goat milk. they haven’t actually started enforcing them yet.
Moot
When we are talking about mootness; we are talking about the requirement that there needs to be an ongoing injury or there won’t be a case or controversy in front of the court.
Mootness Exception #1
Voluntary Cessation.
Mootness Exception #2.
Class Action suits won’t be dismissed for mootness so long as one member of the class still has an ongoing injury.
Mootness Exception #3
A wrong capable of repetition but evading review.
Mootness Exception #3 > a wrong capable of repetition but evading review;
- The challenged action only lasts a short time, and it can’t be fully litigated prior to its logical end;
- The complaining party will likely get hit with the same injury again.
Moot이 아닌 경우.
- 선거 중 광고 문제> 선거 끝나도 소송할 수 있음.
- 임신기간 9개월> 소송기간 1년> 끝나도 소송할 수.
- Collateral Consequences at play.
–> if you get convicted sex crime but want to challenge your status as a sex offender; yes you have already been convicted but it’s not necessarily moot because there is a smaller shit we still need to deal with.
Political Question
- Challenges to the president’s foreign policy.
e.g., how the fuck are the courts supposed to decide if we recognize BOSNIA as our ally? - Challanges to removal and impeachment process.
Gerrymandering
- Racial
- Political gerrymandering.
Racial gerrymandering issues
actually can be decided by the courts.
this is when politicians split up the map so voters of one race are all grouped together to dilute their votes.
Racial Gerrymandering
- Packing (that is, placing all black voters into one district) or
- Cracking (that is, evenly distributing out black voters so they are a minority in every single jurisdiction)
Racial gerrymandering
is illegal and can definitely be decided by the courts.
Racial gerrymandering
is not a political question because it is clear cut racial discrimination which the court has strong standards in place to resolve.
Purely political gerrymandering
dividing up the map based on the political affiliation of certain populations to gain a voting advantage; well it’s kind of hard for the court to develop standards to judge or regulate this.
How can SCOTUS determine
if an AMBASSADOR from a foreign county should be forced to leave the US? They can’t.
The validity of a motherfucking federal statute
Supreme Court decide an issue regarding Russia/Ukraine war? Obviously not. It’s a political question.
There was a federal statute related to
trade embargoes saying that aid given to Ukraine would be taxed through the Federal Tax Embargo Statute don’t worry about that but could the Supreme Court Rule on that maybe?
it is nonjusticiable question because
it deals with foreign affairs but statutes are justiciable.
S. Ct
can rule on federal statutes; they love federal statutes even ones related to war and foreign affairs.
Abstention
principal that says Federal Courts should not interfere in certain cases which involve state law issues.
Federal Court
should dismiss a federal case if there is an identical state case happening to promote judicial efficiency.
Abstention
Federal court should dismiss a federal case if there is an identical state case happening to promote judicial efficiency.
so if someone fills a federal and state law challenge to the SAME exact thing;
The Federal courts will ABSTENT themselves from hearing it.
Pullman Abstention doctrine
The federal courts want to respect the independence of the state courts.
So if there is a state law case which has an unresolved state law issue and federal issue at the same time but
A resolution of the State Law issue would eliminate the need for the federal court to decide the federal issue. Well federal courts should abstain from hearing the case and let state courts do their thing.
State law: requires everyone paint their houses in one of forty approved shades of Mauve
The state law is fucking nuts. The homeonwers get so pissed they bring a state law claim challenging the law as unconstitutional under the state constitution and federal freedom of speech claim in Federal court saying this shit violates their 1st amendment.
The federal court should stay in the lawsuit.
If the state courts say the law is unconstitutional under the STATE constitution, well we don’t need to get into the murky federal law waters.
If the state invalidates the law;
the feds are not needed.
Pullman abstent that federal lawsuit
respect the damn states.
Colorado River Abstention Doctrine
About concurrent jurisdiction and 2 cases going on at once; when both a federal court and a state court could hear the case simultaneously; the federal case is delayed or dismissed to allow the state’s to do their thing.
Pullman abstention doctrine
is about resolving unclear issues of state law first in a given case before getting to the federal issues. If the state law issues are resolved, we may not even need the federal analysis.
Congress cannot overrule
the Supreme Court by statute
Supreme Court strikes down a law stating that all houses must be painted mauve, saying it violates the Constitution’s freedom of Speech clause;
1.
The U.S. S. Ct has the power
to review and potentially reverse state court decisions.
The Supreme Court will not take
any appeal that invalidates a statute where the state grounds for invalidating that statue are independent from the Federal Grounds invalidating that statute.
Adequate and independent state court grounds
Adequate: means we have a good law.
If the law is vague or overbroad, or not proper in the situation;
the law would be inadequate.
The federal gov wants to respect the states.
So if a decision is independently supported by state law; there is no need for Daddy Federal Gov to step in.
Adequate and Independent State Grounds Doctrine #1
Peanut Butter & Jelly: If the highest state court decides an issue on BOTH independent state and federal grounds; and the Supreme Court’s reversal of the Federal issue will not change the result in teh case; it won’t be reviewed by SCOTUS.
–> Reversal based on fed law: won’t change anything because it still rests on independent and adequate state court grounds.
Adequate and Independent State Grounds Doctrine #2.
The decision fully rests on independent state court grounds; no federal issues involved.
They won’t review if the decision rests fully on state law.
Adequate and independent State Grounds Doctrine #3.
If it is unclear whether it is based on federal or state law; the Supreme Court may review.
Adequate and Independent State Grounds Doctrine #3.
If it is unclear whether it is based on Federal or state law; the S Ct may review.
Adequate and Independent State Grounds Doctrine #4.
If the highest state court’s decision is based on the state and federal issues which are intertwined; the Supreme Court will reverse the state court and remand to the State Court for further proceedings.
Federal Laws
protect baseline right to privacy for example; things like medical records and consumer credit reports and financial stuff is all private Unreasonable searches and seizures.
In Cal, the same thing plus alpha.
Federal Law
Floor (e.g., privacy law)
State law
Ceiling (더 구체적이어도 됨).
The federal rights are
a lower standard than the state rights.
Valid Excuse Doctrine
Neutral rule regarding court administration constitutes valid excuse for state to refuse to hear federal cause of action.
Neutral in valid excuse applies equally to federal and state laws.
Neutral procedural rules that have excused state courts
- Rules dismissing claims in actions in which neither the plaintiff nor the defendant was a forum state resident,
- Rules arising outside of the forum state’s territory.
- Implicating doctrine of forum no conveniens.
The state rights are
more grand if you will
Necessary and proper clause
It means Congress can use any means not prohibited by the Constitution to carry out their authority.
Necessary and proper clause
it cannot stand aalone. it has to be combined with another power.
Congress
Combines Necessary and proper clause + Commerce Clause
Commerce clause
about money.
Congress can also regulate
commerce between US and foreign nations and with the Indian Tribes.
The states cannot
regulate commerce within the tribes or the tribes themselves.
How to control commerce (Congress)?
- The channels of interstate commerce.
///// Riverways, Highways, Airways. Internet. - Instrumentalities of interstate commerce
: people and things moving in interstate commerce.
: planes, trains, and automobiles that operate in the channels listed above. - Substantial effect on interstate commerce.
Wickard v. Filburn
Congress burns your shit down to control the national prices. OK.
Gonzales v. Raich
Congress can control your weed crops even if they never leave your backyard.
If tons of people did this within their own states, it would add up.
Congress can regulate:
1. Marijuana in backyard
2. sale of sugary drinks in vending machine
3. states selling drivers license records
4. icecream parlor does not pay the min wage.
Huge effect on interstate commerce;
everything is economic.
No market
Congress: no regulation.
(non economic activity)
Congress cannot get involved in
purely local matters which involve no economic activities.
State law enforcement, family law, or state education.
Lopez v. Morrison
State. because it wasn’t economic activity.
Gender based violent crimes
not economic activities. STATE
Obamacare: Compel you into engaging in commerce?
The provision in the Affordable cAre act which penalized you for not having insurance was characterized as a tax penalty; not a commerce clause issue.
Private Businesses hotels, restaurants, etc
cannot discriminate based on race or gender even though they are not engaged in interstate commerce and operate fully within a state.
Civil rights act.
Congress
Tax and spending power.
/ For General welfare.
Tax valid
REVENUE.
Congress can’t tax some shit
that they can’t regulate directly.
Violation of State liquor law
selling liquor without a license
Congress crazy ass can’t just come in and tax this.
It’s STATES.
Direct taxes
Taxes on individuals and corporations from income and profits that are paid directly to the government. Only limitation on direct taxes is that they must be apportioned evenly among states based on population and how rich the state is.
Indirect taxes
Secret taxes on goods and services rather than on income and profits. the only limitation here is that they must be applied uniformly in every state.
Indirect tax
Identical in every state on the goods or services
Congress can’t
tax exports. Things leaving the US
Conditional spending
Congress can be like if Alabama wants highway funding, you better enact a drinking age of 21.
Conditional spending
- The conditions they place on the funds must be clear (unambiguous).
- noncoercive (no gun to the head situations when it comes to the amount of funds withheld): “you will loose 95% funding if you don’t enact XXXXXXX)
- Related to a federal interest.
Congress can raise an army, navy,
the president is commander in chief but Congress can creat the armed forces and structure it and supply it and forcibly enlist people through drafts.
They can also create military courts to punish WAR CRIMES. but
Enemy combatants must always be given due process.
Congress
can declare war.
Congress during war and directly after war
Congress can make any crazy ass economic regulations they want to in order to heal the country.
Congress
can make tresties too?
General federal police power
Is ther a broad, sweeping power for the feds to roll up and regulate nything they want to at teh state elvel? no.
General state police powers
The state police regulate health, safety, the welfare of citizens, and even morals.
Federal police can regulate DILF.
D. C,
Indian reservations.
Lands owned by Federal govenment,
F. Armed forces. Military.
Congress can regulate
immigration.
deport, people, admit new citizens.
the 14th Amendment DP
Not be deprived of life liberty or property; without fair process; nobody can take away the privileges and immunities of US citizenship and fundamental rights should be protected.
Sec 5, 14th
Congress shall have the power to enforce, by appropriate legislation; the provisions of this article.
Equal protection
Alabama shit
City of Boerne v. Flores
Sec 5 of the 14th must be congruent and proportional.
Sec 5 lets Daddy Congress fix shit when
states are fucking around with civil rights. It doens’t let them use ti as a vehicle to add in a bunch of weird shit or freestyle create new laws to take over the states.
Congruent and proportional.
Difference between Commerce Clause and Sec 5, The 14th Amendment
Commerce clause is : money. / hotel: private entities.
Sec 5; the 14th Amendment is : civil rights./ Government.
Hotels =
= money
= commerce
= Affect on interstate commerce;
…. Heart of Atlanta Motel v. U.S.
Congress can actually
legislate against racial discrimination whether it is public or private.
If a private school did not allow black students to join
under 13th Amendment.
The 13th Amend:
protects against ALL minorities . and this applies for the ability to ontract adn housing discrimination and eerything
Congress can also
control and legislate against voting discrimination under the 15th.
If Congress appropriates money for some shit
the president can’t unilaterally overrule it.
Congress appropriates some shit
President has to spend the money they way they appropriated it.
Congress controls
the power of the purse.
President
must spend appropriations how Congress says.
10 Powers president: 1.
President controls executive agencies.
10 Powers of president: 2.
President has immunity from civil lawsuits for money damages while in office.
The president does not have immunity as a result of actions prior to his presidencey and he can be sued for those actions while in Congress.
The president is NOT immune from
criminal prosecution. but impeachment will come first so that iwll bar any prosecution until after the president is removed from office.
Presidential power 3
Executive privilege.
/ Presidential conversations and docus exchanged btw him and his high level advisors are privileged. Except if the president is committing some crime liek Nixon in the Watergate. If it is the subject of a crime, private papers can alwasy be subpoena.
Presidential power 4
The Pardon power.
/ The president can pardon thso who are convicted of federal crimes.
only Crimes. Not civil.
can’t pardon impeachment; or crime underlying impeachment.
/ Congress can’t do shit, limit the pardon power. When it comes to pardons, this is Mr. President only.
Presidential power 5: Take care clause
to ensure that the laws are faithfully executed./
make sure that agencies carry out the laws but the resources are limited.
immigration president might elect to only go after deportations for those who have committed serious felonies
he can decide in what way they are carried out.
IF Congress specifically appropriates money for a certain thing
the President cannot refuse to spend them because he ahs to make sure the laws are faithfully executed. :
Take care clause.
Presidential Power 6: Commander in chief
President can’t declare war. The president can act quickly to repel a sudden attack.
President can detain enemy combatants Domestically
he has to give them Due Process.
Presidential power 7
Treaty power & Foreign Affairs power.
President shares many foreign affairs powers.
1. Deploying troops in foregin countries.
2. Making executive agreements
3. Doing foreign negotiations and shit
Congress controls foreign commerce.
The president has the sole power to recognize foreign nations
he can choose to not recognize them as well.
Congress can’t override this shit.
President did not want passports to mention a certain country and Congress tried to overrule it and they could not.
Treaty
is an international agreement between the US and a foreign country that is negotiated by Daddy president with teh advice and consent of the Senate.
Treaty
must be ratified by 2/3 approval by the Senate. not house.
Only President & The Senate.
Executive orders agreements
the president can enter into agreements without the consent of the SEnate.
Domestic policy and the executive agreements deal with little agreements between the US and foreign nations.
Executive agreements
based on existing law.
Congress can overturn
an executive order by legislation.
Congress can just
choose not to fund it or make it insanely hard for POTUS to carry it out .
Presidential power 9
Appointment Power.
President appoints Principal officers
with the advice and consent of Senate./ Federal judges,
Ambassadors
Senate holds hearings to swear them in.
Congress doesn’t appoint inferior officers.
people with bosses that supervise them and boss them around.
The give the appointment power to other people.they could give it to teh president.
they could give the power to appoint inferior officers to the heads of hte depts.
They could giver the power to appint to the lower federal courts.
Removal power President
- Principal or inferior. Whoever can.
congress can reserve to other branches the power to remove inferior officers
but they can’t reserve that power for themselves.
Congress can
impose limits on what the president can remove an inferior officer for.
Independent counsel investigating president?
yes Congress will be able to put a “good cause” limitation on the removal of this job.
(They can’t prohibit but they can limit).
Inspector generals that investigate fraud;
We dont’ want the President to remove those without at least giving a statement of reasons to congress.
Interbranch relationship
- Congress limits the executive branch first.
Impeachment.
The president, vice prresident, federal jduges and every other executivee officer US can be impeached for treason adn high crimes. Who?
The House.
The Senate treis the case.
Impeachment
is always political question and impeachment doesn’t actually remove a motherfucker from office. it means there will be a trial in the senate.
To get impeached in the House we need a majority vote; Then to get convicted in the Senate we need 2/3 vote.
3rd way Congress fucks with the Executive Branc
Investigations.
Congress can hold investigations to discover information needed to pass legislation and expose corruption or inadequacies in the executive branch in order to try and correct them.
Congress can also subpoena people to testify and punish people with contempt fi they don’t cooperate.
President checking Congress through vetoes.
Legislation by Congress MUST BE PRESENTED TO the President and he can veto that shit.
The president has 10 days to veto legislation once
Congress approves it.
If the President does not veto within 10 days
it is law.
Congress can them override the veto with
2/3 vote from EACH House, and SENATE.
If Congress adjourns their little session within the 10 days the President gets the bill
He can just keep it in his pocket and not do shit with it. it will not become a law.
Pocket veto (no sign)
Nondelegation doctrine: Intelligible.
Congress can delegate their powers to the executive branch.
What powers can they delegate?
Powers that Congress CAN’T delegate
- Making laws.
- Declaring War.
- Impeaching people.
Congress can
give their rule making authority to executive agencies so long as they give them a clear and intelligible principle to work with.
Congress “intelligible Principle”
- What agency is getting a little slice of Congress rule making power.
- The scope of the power to be given
- The policy Congress seeks to advance by giving their power to the agency.
Legislative vetoes
Bicameralism and Presentment.
Bicameralism
Approve the bill in the House and Senate.
Presentment
Present the fkcing bill to the President.
Judicial immunity
absolute. Judge. any decision. official capacity.
Executive immunity
The president has absolute civil liability when conducting official acts.
no immunity for acts committed in the president’s private capacity
like hitting someone in a car or acts before he became president.
Legislative immunity
Speech and Debate Clause in the Constitution says that people in Congress and in the Senate and their little assistants are immunized from criminal and civil liability for sts made on the house senate floor while they are engaged in legislative acts voting on the floor or making speeches on teh floor or conducting legislative hearings.
Speech and Debate Clause
- Does not protect against criminal acts outside the scope of legislative duties. (Senate bribery etc)
- It also not protect against press releases and saying things to the public outside the floor of Congress the Senate
The 13th Slavery Racial Discrimination
Hotels= Commerce= Interstate Commerce
Public Function exception
is a role playing as the government.
Entanglement
A private actor can be considered a state actor if the state is pressuring them to do shit.
If the state authorizes, encourages, or helps a private actor
carry out unconstitutional activity; the private actor could be considered a state actor.
Just because the private company get government subsidy
doesn’t mean that they are entangled with the government.
Procedural Due Process
- Life, 2. Liberty, 3. Property.
Property»»» Tenured public employment, welfare benefits. public education.
Entitlement
You have a reasonable expectation you are going to keep gettin gsome shit you’ve already been getting.
Welfare benefits, disability benefits, tenured employment.
Entitlements
shits the government has given you.
Entitlements
Welfare benefits, Disability benefits, tenured professorship from Public university.
Substantive Due Process
Substantive Due Process is all about whether the government has adequate reason for taking away your most important rights.
Non-fundamental rights
Anything economic.
The right to have a job,
or practice a trade; or make money; or have a certain minimum wage; or any type of shit involving money is not a fundamental right.
No right to education
but we do have a right to choose our child’s education.
Abortion
no fundamental right
Privacy rights
Right to raise your children how you want.
The right to have your family all live in the same house as you.
Many of you
Rational basis scrutiny
When the government limits everyone’s ability to do something
It’s a due process clause issue.
When the government limits
a certain class of people from doing something–> It’s an equal protection issue.
Equal protection
NEED Both a discriminatory intent and a discriminatory impact.
Equal protection law
target governmental behavior which purposefully and intentionally discriminates against certain groups. SO
INTENT + IMPACT.
Equal protection is applied to the federal government
through the due process clause of the 5th Amendment.
Equal Protection Cluase
is applied to the Federal Government through the Due Process Clause of the 5th Amendment.
TSA at the airport being racist against middle eastern people
Due Process Clause of the 5th
Grutter v. Bollinger
admission process
Race.
“Quotas” requires proof of PAST discrimination.
Gender (Intermediate Level Scrutiny)
The gov may treat woman and man differently if
1. There is an exceedingly persuasive justification for the separate treatment.
2. The separate facilities are substantially equivalent. (think separate male and female dorm or bathroom)
If the law meant to remedy
past discrimination and historical differences in opportunity; there can be a gender classification involved.
Economic regulation
rational basis
Privileges and Immunities Clause of Article 4
Preventing discrimination against out of staters when it comes to 1. Work opportunities, ability to earn a livelihood or 2) fundamental rights.
Work 4 me.
out of staters.
Violation of PIC: ability to earn livelihood impacted, not hobby.
Regulatory Taking balancing test
Penn Central Transportation v. NYC
- Destruction of property’s economic use.
- Excessive and unforeseeable restrictions. (value XXXX정도)
2-1. Distinct Investment Backed Expectations. (Owner expects)
2.-2. The owner’s reasonable investment backed expectation.
2-3. Character of the gov action. (공익/사익)
Contract Clause
The state law substantially impairs the preexisting contracts : not constitutional unless the state can establish the law is a reasonable way to achieve a significant and legitimate public purpose
Bill of Attainder
a State or Federal Law that inflicts punishment on Specifically Named Persons (Elon Musk) without going to trial.
Ex post facto law
Criminal cases.
1. Retroactively increasing the penalty of a crime is not allowed.
2. Past: legal–> Now: illegal XXX
If a law targets religious practices specifically
no
You are not allowed to kill buffalo for a native american religious ceremony. this law is not allowed.
It directly targets religion and is motivated by a desire to suppress native american religion.
But if the law is general, neutral applicable law that says,
you are not allowed to kill Buffalo and everyone has to followit hunters restaurants, etc, then it is ok.
If it is not a neutral law and motivated by a desire to discriminate
then strict scrutiny will apply.
If it is neutral (religious)
= rational basis.
Establishment Clause
essentially forbids the government from forcing people to observe religious practices and prevents the government from unduly benefiting religion.
it essentially separates church and state
Establishment Clause
can’t force kids to salute flag/ school prayer,
Establishment Clause
you can’t even do school prayer if you rotate everyday a different religion.
Establishment clause
you can do a regular moment of silence.
Teacher led or student led prayer at football games or class
is not allowed.
you can engage in personal religious observance at school or at after school activities
students may pray alone or in groups but they can’t force others to listen or participate. Teachers and coaches can also pray publicly so long as they don’t ask anyone to join.
GV can give it to benefit religion?
NO.
They can’t give it for religious instructions.
