Week 8 Flashcards
Can the Fourteenth amendment protect rights guaranteed by the United States and individual states?
No, the Privileges and immunities Clause of the 14th amendment only prohibited states from making and enforcing laws that infringe of the privileges and immunities of national citizenship. The slaughter House cases rendered the P &I clause defunct as a vehicle to apply provisions of the Bill of Rights to the States
What are the two requirements that satisfy due process established in Nebbia v. New York?
(1) The laws passed are seen to have a reasonable relation to a proper legislative purpose; and
(2) are neither arbitrary nor discriminatory
Why did the court in West Coast Hotel v. Parish agree that the minimum wage law interfered with freedom of contract and still upheld the state minimum wage law for women?
The readjustment of economic bargaining power in order to enable workers to obtain a living wage was a legitimate limitation of the freedom of contract.
What presumption would be applied in the case of an economic regulation subjected to due process attack?
presumption for constitutionality (US v. Carolene products Co)
Even though the Bill of rights could not be applied through the privileges and immunities clause, are any of the Bill of Rights provisions a part of the liberties protected from state interference?
Yes, through the due process clause of the 14th amendment
Is property interest created by the constitution?
No, property interests are created by state law. (Board of Regents v. Roth)
What does the Due Process Clause require regarding the discharge of an employee who has a constitutionally protected property interest in his employment?
A limited predetermination hearing before the discharge, followed by a more elaborate post-termination hearing to challenge the discharge.
What is a bill of attainder that is prohibited in Art I Section 9 and 10?
A bill of attainder is a law that directs the punishment of a particular person or group of people. To be a bill of attainder, it has to direct a punishment. (Nixon v. Administrator of General Services)
May a state pass legislation that retroactively and significantly affects the contractual obligation of an employer to provide a pension plan for employees?
No, it violates the contract clause which states that no state shall pass any law impairing the obligation of contracts (Allied Structural Steel Co. v Spannaus)
What is the general issue with incorporation of the bill of rights?
Whether federalism prevents federal courts from protecting individuals against infringements of the Bill of Rights by state governments.
Does a person have property interest in at-will employment?
No
What is de facto tenure?
Property of interest from informal practice and customs. Only applies to public schools and universities (Perry v. Sindermann)
When is strict due process scrutiny used by the SC?
Where a fundamental interest is at stake
What does quasi-judicial administrative hearing mean?
proceeding conducted by an administrative or executive official or organization that is similar to a court proceeding (Goldberg)
