PA Constitutional Law Flashcards

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1
Q

Supremacy Clause

A

Federal law is supreme unless the state law grants GREATER protection

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2
Q

Adequate and Independent State Grounds

A

US Supreme Court does not have jurisdiction to review decision by state supreme court that rests on adequate and independent state grounds.

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3
Q

Right to Protect Reputation

A

Courts interpret similar to Due Process Clause

Expungement and Right to Lawful Occupation

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4
Q

Expungement under Rights to Protect Reputation

A

person has right to expunge dismissed PFA proceeding

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5
Q

Right to Lawful Occupation

A

courts review under rational basis standard

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6
Q

Right to Free Speech

A

Speech on a private college campus when open to the public

Nude dancing - expressive conduct so protected under strict scrutiny

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7
Q

General Assembly No Local Law restriction

A

General Assembly can pass no local law when general law can be passed

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8
Q

Blue Laws

A

Unconstitutional under PA Constitution

prohibits certain business activity on Sunday

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9
Q

One-member class laws

A

PA Constitution prohibits

General assembly prohibited from passing law that applies to class with only one member

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10
Q

How to bring a PA Constitutional claim

A

Edmunds Factors

  1. Provide test of PA Constitution
  2. History of provision including relevant case law
  3. Related case law from other states
  4. Policy considerations
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