Indiana Constitution

Question 1

Interpreting Indiana Constitution

Answer 1

1) text
2) history and understanding of times of drafting and ratification
3) structure and function of constitution
4) case law
5) case law from other jurisdictions

Question 2

Regulating Speech

Answer 2

1) was there a restriction on the right to speak?
2) was the restricted activity “abuse” of right to speak?
- - legislature can punish “abuse” as crime or can be basis for civil action

Question 3

Searches

Answer 3

Reasonableness of Search depends balancing

1) degree of intrusion
2) basis for selection of subject
3) law enforcement needs

Question 4

Double Jeopardy

Answer 4

Two offenses are “same offense” if

1) essential elements of one offense also establish the essential elements of the other charged offense, or
2) “same evidence” is used to establish elements of more than one offense

Question 5

Equal Privileges and Immunities

Answer 5

Art.1 Sec 23 General Assembly shall not grant to any citizen or class privileges or immunities not equally belonging to all citizens (interpreted as different from fed equal protection)
1) Disparate treatment must be reasonably related to inherent differences between the unequally treated classes, and
2) Preferential treatment must be uniformly applicable to those similarly situated
(there is deference to legislature in classifying)

Question 6

Special Laws

Answer 6

1) Is it special law? (does it affect one location specially?)
2) Is it on the list of 16 prohibited categories in art 4, sec 22?
3) Is there a reason to treat this location specially? (i.e. can the law be made general?)
- if yes, then invalid special law
- - if no, then law contains a unique characteristic and is valid

Question 7

Bill of Rights (“Core Values”)

Answer 7

Only two core values - political speech and right to worship

Can be regulated but cannot be “materially burdened” such that the right would no longer serve its function