IN Constitution Flashcards
1
Q
IN Constitution
Legislature
A
- senate - maximum 50 members
- House - maximum 100 members
2
Q
IN Constitution
Legislature
Special Laws
A
- Special laws - Those that can only apply to particular persons or locations
- Cannot enact a special law when it can enact a general law
- Analysis -
1. Is the law amenable to a general law of uniform application. If no, law is constitutional
2. If subject matter of law is capable of general application, is the law nonetheless special in application, unconst
3
Q
IN Constitution
Legislature
Germaneness of laws
A
- The provisions of an act must be confined to a single subject and matters properly connected with that matter
- Subjects must be germane to one another
4
Q
IN Constitution
Judicial Branch
A
- Can provide advisory opinions
- Jurisdiction to review all criminal sentences
- Death sentence cases - automatically appealed to supreme court and reviewed independently
5
Q
IN Constitution
Separation of Powers
A
- Article III
- Must be a clear division between the branches, and
- Must be a separation of functions
- One branch is const. prohibited from performing the functions of another
= Analysis -
1. To which branch does the act rightfully belong
2. Is another branch attempting to perform the act - Note - Legislature may delegate power to make rules to executive branch
- Must provide reasonable standards to guide the admin. discretion
6
Q
IN Constitution
- Freedom of Expression
A
- Broad protection for political speech limited for nonpolitical speech
- Price - political speech is core const. value - Cannot impose material burden on a core const. value
- If speech causes a public nuisance, regulation imposes a material burden
- No balancing of state interests w/ speaker interests.
- No content neutral, time and place reg will be uncons if places a material burden
7
Q
IN Constitution
- Freedom of Religion
A
- Seven provisions to protect
a. Natural right to worship
b. No control of enjoyment of religious opinions
c. No preference to any religion, and no person compelled to attend or support
d. No religious test for any office
e. No public money for benefit of any
f. Witness competent regardless of religion
g. Oath or affirmation, shall be most consistent with the conscience of the person to bind him in his mind
8
Q
IN Constitution
- Equal Privileges and immunites
A
- Two part analysis
1. Disparate treatment must be reasonably related to inherent characteristic which distinguish the unequally treated class/es
2. The preferential treatment must be uniformly applicable and equally available to all persons similarly situated. - Sub. deference given to legislature
- For Laws - must be substantially related to a legitimate gov. purpose
9
Q
IN Constitution
- Search and Seizure
A
- Differs in that only a one part reasonableness test
- Does not ask about actual expectation of privacy and whether that expectation is reasonable
- Must be informed of right to counsel before one can consent to search
- Factors
a. level of intrusion
b. reasonableness of intrusion
c. law enforcement need for intrusion
10
Q
IN Constitution
- Debtor Rights
A
- Laws cannot take more than a reasonable amount
- Child support - not a debt and one can be imprisoned for willful failure
11
Q
IN Constitution
- Education
A
- General assembly must provide structure for public education, free of charge, equally open to all
12
Q
IN Constitution
- Calculating value of property taken
A
- assessed value, plus the value of damage done to remaining property due to taking, less benefits accruing as a result
13
Q
IN Constitution
- Proportionality
A
- No cruel and unusual, excessive fines
- All sentences be proportional to the crime
- Appellate court has power to set new sentence
14
Q
IN Constitution
- Open Courts - Due course of law
A
- All courts shall be open to every person, for injury and shall have remedy by due course
- bars SOL that would impose burden to courts, discovery may take time
15
Q
IN Constitution
- Ex post facto - Contract impairment
A
- Applies to criminal statutes
- Cannot ineffectuate agreements unless discriminatory, necessary for HSW,
