PA Constitutional Law Flashcards
Supremacy Clause
Federal law is supreme unless the state law grants GREATER protection
Adequate and Independent State Grounds
US Supreme Court does not have jurisdiction to review decision by state supreme court that rests on adequate and independent state grounds.
Right to Protect Reputation
Courts interpret similar to Due Process Clause
Expungement and Right to Lawful Occupation
Expungement under Rights to Protect Reputation
person has right to expunge dismissed PFA proceeding
Right to Lawful Occupation
courts review under rational basis standard
Right to Free Speech
Speech on a private college campus when open to the public
Nude dancing - expressive conduct so protected under strict scrutiny
General Assembly No Local Law restriction
General Assembly can pass no local law when general law can be passed
Blue Laws
Unconstitutional under PA Constitution
prohibits certain business activity on Sunday
One-member class laws
PA Constitution prohibits
General assembly prohibited from passing law that applies to class with only one member
How to bring a PA Constitutional claim
Edmunds Factors
- Provide test of PA Constitution
- History of provision including relevant case law
- Related case law from other states
- Policy considerations