Constitutional law essay

Question 1

when may a statute be unconstitutionally vague?

Answer 1

if:

(1) it does not provide fair notice of the conduct proscribed;
(2) it confers on the trier of fact unstructured and unlimited discretion to determine whether an offense has been committed; and
(3) its coverage is overly broad and impinges on First Amendment freedoms.”

Vagueness challenges not involving First Amendment freedoms are analyzed in light of the facts of the particular case.

Question 2

What is the district courts jurisdictional limit?

Answer 2

allos a judge to impose a sentence not in excess of 1 year

Question 3

If a statute allows a judge to sentence for an amount of time greater than generally permitted it is unconstitutional on due process grounds?

Answer 3

No.

The Michigan Court of Appeals has approved such a sentence on the basis that the duty to keep the peace is separate and distinct from the performance of ordinary judicial functions. The Michigan Constitution provides and requires such judges’ to be conservators of the peace and, based upon this authority, the court can sentence under such a statute beyond the one-year period.

Question 4

Standing is found when:

Answer 4

(1) the plaintiff suffers an injury in fact, that is concrete and specific to the plaintiff,
(2) the harm is “fairly traceable” to the government’s action, and
(3) the court has redress to remedy the injury.