This site is 100% ad supported. Please add an exception to adblock for this site.

Constitutional Law


undefined, object
copy deck
Government action
private conduct need not comply to cons. E.g. Speech in state university is an issue, not in private U. Applies to all levels of gov. Congress may use statutes to apply Con norms to private conduct: 1) 13th Amend may be used against private race discrimination - authorizes Congress to adopt laws to enforce 13th Amend.; 2) Commerce power can be used to apply con to private behavior - hotels and restaurants based on race. No use of § 6 of 14th Amend for private actors
public use
broad definition of public use: really any public benefit
Pardon power
accused or convicted, Federal (Not state) crimes, only criminal liability. EXCEPTION: impeachment
No generalized grievances
P can't sue just as citizen or taxpayer trying to get gov. to follow law. EXCEPTION: taxpayer has power to challenge gov. expenditures violating Establishment Cause. Very narrow - no standing on gov. grants of property to religious institutions, TX standing relates to money.
Preemption (**)
Supremacy Clause of Art. 3 provides Con, laws and treaties made pursuant to it, are Supreme Law of the land: 1) Express preemption; 2) implied preemption; 3) States may not tax or regulate fed gov activity
Privacy and speech
Gov MAY NOT create liability for truthful reporting of info lawfully btained from the gov - E.g. identity of rape victim. (1) No liability for bcaster for illegally intercepted call when bcaster did not participate in illegality and involves matter of public importance. (2) Gov may limit dissemination of information. (3) PUBLIC RIGHT to attend criminal trials
is P the proper party to bring matter to the court for adjudication, four requirements: 1) Injury; 2) Causation and redressability; 3) No 3rd party standing; 4) no generalized grievances
Taxing/Spending power
Congress may tax and spend for general welfare - may crate any tax to create revenue and spending program. GENERAL RULE: Congress can't act simply for "general welfare"
Regulatory taking
taking if it leaves no reasonably economically viable use of the property E.g. preventing all development. 1) Must be justified by benefit that is roughly proportionate to burden imposed: Excessive burden → takings action - benefit and burden must be proportionate: 2) May bring challenge to regs that existed at time property acquired; 3) Temporary action is not a taking as long as gov action is reasonable
Dormant Commerce Clause Analysis
ASK: Does the law discriminate against out of staters? NO: Privileges and immunities clause of Art 4 does not apply. LAW BURDENS INTERSTATE COMMERCE: violates dormant commerce clause if burdens > benefits - E.g. curved mudflaps case. YES: Violation, unless necessary to achieve important government purpose: Helping in-state economy is never an important government purpose; If there is an important local interest - must prove no less discriminatory alternative. Discrimination against out of staters regarding ability to earn their livelihood or civil liberties is violation unless necessary to achieve an important government purpose. Hobby does not count.
EXCEPTIONS to Gov Action requirement
1) Public Function; 2) Entanglement
Controls of Obscenity and sexually-oriented speech
1) Use of zoning ordinance to regulate is ok - to uphold character of the neighborhood; 2) Child **** can be completely banned, includes private possession - must actually include children; 3) NO punishment of private possession of obscene material Exception: Child ****, compelling interest in drying the market for child ****ography; 4) Gov may seize and destroy assets of busness convicted of violating obscenity law
Right to abortion
STANDARD: Not SS anymore, undue burden. Prior to viability states may not prohibit. Regulations are ok as long as they do not create undue burden on ability to obtain abortions. Court struck down partial birth abortion ban. NO DUTY to subsidize or provide in public hospital. Spousal consent and notification invalid. Parental notice and consent ok - have to give alternative procedure: Judge looks at best interest and maturity.
Political question
suit against Prez: Dismissed
Freedom of religion
Free exercise and establishment clauses
Rational basis test
Law will be upheld if rationally related to a legitimate government purpose. BURDEN OF PROOF: on challenger - must show there is no conceivable legitimate purpose or law is not rationally related to purpose.
Non-public forums
gov properties where gov has con right to close to speech. Regulation allowed as long as it is reasonable and viewpoint neutral E.g. - military bases, areas outside prisons and jails, sidewalks on USPS property. EXES: advertising space on buses (Fine to ban political ads). airports - can prohibit solicitation of money, not distribution of literature (Fails RBR).
Right to engage in private consensual homo activity
NO level of scrutiny - just can't outlaw or punish
Executive privilege
for presidential papers and conversations, privilege must yield to important gov interests: e.g. criminal trial
Symbolic speech/Conduct
gov can regulate conduct that communicates if it has important interest unrelated to suppression of the message and if impact on comm no greater than necessary to achieve gov purpose. (1) Flag burning is protected speech. (2) Burning cross is protected UNLESS proof of intent to threaten or intimidate. (3) Draft card burning, nude dancing, political contributions are NOT protected speech
Implied preemption
Fed and state laws mutually exclusive → Fed law wins, state preempted: 1) States may set stricter enviro laws if Fed Gov does not specifically prohibit; 2) State law impedes achievement of fed objective; 3) Congress evidences clear intent to preempt state law - Immigration law
States may not tax or regulate federal government activity
1) uncon to pays state tax out of federal treasury; 2) No State regulation on Fed if significant burden results; 3) Fed government never has to comply w/ state pollution laws; 4) Intergovernmental immunity - immunity of fed government from unwanted state taxation
State taxation of interstate commerce - not on exam a lot
1) NO using tax systems to help in-state businesses; 2) ONLY tax activities w/ substantial nexus to the state; 3) Must be fairly apportioned - e.g. calculating miles traveled through the tstae
Levels of scrutiny
1) Rational Basis Review; 2) Intermediate scrutiny; 3) Strict Scrutiny Also: Undue burden; Undefined
Legislative vetoes and line-item vetoes
unconstitutional - Congressional action require 1) bicameralism - passage by both house and senate; 2) presentment - give to Prez to sign or veto - Must sign or veto in entirety.
Profane and indecent speech
generally protected - **** the Draft - gov cannot limit speech for the squeamish among us. EXCEPTIONS: 1) Broadcast media, uniquely interested in the home and available to children; 2) Not cable or the internet - not for free over air; 3) Schools - responsible for teaching civilized discourse
Substantive due process
does gov have adequate reason for taking away a person's life, liberty and property. Protects economic liberties and privacy. Only minimal economic liberty protection
Takings clause
taking private property for public use requires just compensation. NO LEVELS of scrutiny - separate analysis: 1) Is there a taking? - Possessory or regulatory; YES: 2) Is if for public use? NO → Gov must give back; 3) Is just compensation paid? Measure in terms of loss to owner, not gain to gov.
Public forums
gov properties that gov constitutionally required to make available for speech - sidewalks in public parks. REGULATIONS: must be subject matter, viewpoint neutral. STRICT SCRUTINY: for non-neutral regs. Time, place, or manner regulation that serves an important government purpose leaves adequate alternatives. NOT least restrictive alternative. NO discretion for permit fees - risk of content-based discrimination. Same rules for Limited public forums - could be closed, but gov opens for speech
Commerce power
Art. 1, § 8 w/ Foreign nations, Indian Tribes and States - With few exceptions, the power to regulate interstate commerce lies exclusively with Congress. Interstate commerce = Channels - Hwys., Waterways, Internets; Instrumentalities - things that facilitate: Trucks, Planes, Phones, Internet, Electricity, Stock, insurance (If it goes over state lines); Activities w/ substantial effect - If non-economic, can't be a cumulative effect
Non-delegation doctrine
Congress cannot delegate powers to agencies, reality: every one upheld since the 1930s → Always wrong answer on unconstitutionality. Legislative vetoes and line-item vetoes are unconstitutional. Congressional action require 1) bicameralism - passage by both house and senate; 2) presentment - give to Prez to sign or veto - Must sign or veto in entirety. No delegation of executive power to itself or officers - budget deficit act, Congress can give, but it can't take.
Content-based restrictions
GENERAL RULE: STRICT SCRUTINY. Subject-matter restrictions - application of law depends on topic of speech. Viewpoint restrictions - application of law depends on ideology of message.
Free exercise clause
CANNOT be used to challenge a neutral law of general applicability. Ok to ban chemical substance used by religion even if it actually burdens religion. Standard - STRICT SCRUTINY: intent to burden religion
Possessory taking
gov confiscation or physical occupation of property is a taking, even if minimal
Contracts clause
no state shall impair obligations of Ks. ONLY state or local interference with existing Ks → never applies to fed government. LEVELS OF SCRUTINY: 1) Intermediate scrutiny for S/L interference w/ private Ks - A) ASK: Does the leg substantially impair a party's rights under existing K? B) YES: Is the law reasonably and narrowly tailored means of promoting an important and narrowly tailored gov interest; 2) Strict scrutiny for S/L interference w/ gov Ks - abrogate
Right to privacy
fundamental right protected under substantive due process. Rights: Marry, procreate, child custody, keep family together, control child's upbringing, purchase and use contraceptives, engage in consensual homo activity, refuse medical treatment. FOR MOST - STANDARD OF REVIEW: Strict scrutiny
Appointment Power
Prez appoints ambassadors, federal judges and officers of US. Senate must approve nominee. Congress may vest appointment of inferior officers in Prez, heads of Deps, or lower federal courts. Congress has discretion w/ inferior officers - people who do not answer to Prez. Congress may not give itself or officers appointment power - i.e. no creating executive agency.
ISSUE: whether federal court may grant preenforcement review of statute or legislation? Almost always comes up w/ declaratory judgment or injunction. CONSIDER: hardship suffered w/o review - will P violate and face prosecution, or comply and spend money amending. Fitness of issues and record for judicial review - reason why better now in Fed. Court than waiting for actual prosecution.
Executive agreements
agreement btn US and foreign country that is effective when signed by Prez and head of foreign nation: 1) NO Senate approval requirement; 2) Any purpose; 3) Prevail over conflicting state laws, NOT Federal laws or Constitution
Express preemption
Fed statute says that Federal law wholly occupies field, state laws are preempted
Necessary and proper clause
Congress must choose means not prohibited by Con.
Vagueness and overbreadth
1) Vagueness - law unconstitutionally vague if a reasonable person cannot tell what speech is prohibited/allowed; 2) Overbreadth - regulates substantially more speech than the con allows to be regulated; 3) Fighting words - uncon vague and overbroad, never upheld fighting words case
Equal protection analysis
STEP 1: What is the classification? How is the gov drawing distinctions amongst people? STEP 2: What level of scrutiny should be applied? STEP 3: Does this law meet the level of scrutiny?
Classifications based on race and national origin
STRICT SCRUTINY: Whenever gov discriminates by race or national origin. Racial classification - on face of law. Facially neutral laws require discriminatory intent (alone: NOT ENOUGH) AND impact. For classifications benefiting minorities too: Numerical set asides, quotas rarely allowed - only as a remedy for prior discrimination. Educational institutions have a compelling interest in a diverse student world - can use race as a factor, CAN'T automatically add points. Seniority systems can't be disrupted for affirmative action
Freedom of association
STRICT SCRUTINY: For (A) laws that prohibit or punish group membership. Three reqs to punish: 1) active affiliation; 2) knowledge of group's illegal activities; AND, 3) specific intent to further the illegal activities. (B) Laws that require disclosure of group membership, where such disclosure would chill association (B) Prohibition on group from discriminating are CON unless they interfere w/ intimate association or expressive activity
Foreign Policy
1) Treaties; 2) Executive Agreements; 3) Broad powers as Commander-in-Chief to use American Troops in foreign countries
Removal power
unless limited by statute, Prez may fire any executive branch officer: Nixon firing independent counsel is Constitutional. To limit removal: 1) Must be office where independence from Prez is desirable; 2) CAN'T Prohibit - make it for cause
Constitutional provisions concerning equal protection
1) The equal protection clause of the 14th Amend applies only to state and local governments (NEVER Fed gov); 2) Applied to the fed gov through the due process clause of the 5th amend
NO 3rd Party Standing and exceptions
P cannot assert claims of others not before the court. EXCEPTIONS: 1) Close relationship - btn. Injured P and party- E.g Drs. Bringing claim on behalf of patients, stronger con/ claim; 2) 3rd P standing allowed if injured 3rd party is unlikely to be able to assert own rights, reason to believe can't or won't come to court - E.g. Criminal Ds raising rights of prospective juries from discrimination; 3) Org. may sue for members (organizational standing): a) Individual members would have standing to sue; b) Interests germane to org.'s purpose; 3) Neither claim nor relief requires their participation
Impeachment and removal
Prez, VP, Federal Judges and officers of US can be impeached and removed for treason, bribery, high crimes and misdemeanors. Impeachment does not remove - only on senate conviction,
Establishment clause
gov may make no law respecting the establishment of religion
Art. 2 - Powers of Prez: 1) Foreign Policy; 2) Domestic Affairs
Other types of discrimination
RATIONAL BASIS REVIEW for all other types of discrimination under the Constitution: 1) Age discrimination - mandatory retirement age fine; 2) Disability discrimination - zoning law, rare gov loss; 3) Wealth; 4) Economic regulation - N.O. pushcarts have to be there for 8 yrs., fine; 5) Sexual orientation - voter referendum struck down under rational basis
agreements btn. US and foreign govs. that Prez negotiates and are effective on Senate ratification: a) Prevail over conflicting state laws; b) Conflict of laws - last in time controls; c) Conflict w/ constitution - invalid
EXCEPTIONS to Dormant commerce clause
W/ congressional approval, means it is no longer dormant. Market participant exception: Gov. benefit program for those in state - like in-state university tuition
Right to vote (15th Amend)
STRICT SCRUTINY: (1) Laws denying some citizens the right to vote - poll taxes. Water board - only time property ownership req is ok. Use of race in drawing election district lines, even if for benefit. (2) S/L elections - require one-person, one-vote, voting districts must be about equal. (3) At large elections constitutional unless discriminatory purpose. (4) Counting uncounted votes w/o standards in prez election violates equal protection.
Obscenity and sexually-oriented speech
TEST: (1) Material must appeal to a prurient interest, includes Shameful or morbid interest in sex, That which incites lustful or lascivious thoughts - differentiate btn good and bad interest in sex. (2) Material must be patently offensive under law prohibiting obscenity - Delineate what is patently offensive (3) Taken as a whole, material must lack serious redeeming LAPS - National, not local standard
Injury for standing
P must allege or prove he has been or imminently will be injured to have standing. Injuries must be personal. P wants injunctive/declaratory relief - show likelihood of future harm. P incurred monetary injury - Economic loss is always BEST standing
Right to refuse medical treatment
Competent adults have the right to refuse med treatment, food, water. State may require clear and convincing evidence. Belongs to individual - can prevent family members from terminating. BUT: NO right to physician assisted suicide
P must present a live controversy, ongoing injury, if P's injury is remedied, case declared moot. EXCEPTIONS: 1) Wrong capable of repetition, but evading review - Pregnancy by nature, is capable of evading review; 2) Voluntary cessation D voluntarily halts practice, but is free to resume at any time - E.g. potentially racist hiring test; 3) Class action - as long as one member of class has continuing injury
Domestic affairs
1) Appointment and removal power; 2) Absolute immunity to civil suits for money damages for actions while in office; 3) Executive Privilege; 4) Pardon power
How to get Supreme Court review
1) Almost all cases come by writ of certiorari - Sct. has complete discretion over whether to take, come from highest state courts, C of As; 2) Appeals for 3 judge Fed. DC decisions - appeal comes from statute, must go to Sct.; 3) Original and exclusive J for suits btn. State governments - Art. 3: Ambassadors, public ministers, current legislation; 4) Final judgment rule -all appeals must be exhausted before Sct. hears; 5) If state and fed. Grounds for case and deciding federal issue will not change the outcome - Sct. will not hear the case
Establishment clause TEST
SEX: secular purpose, effect cannot be advance/inhibit, no excessive entanglement. There must be a secular purpose for the law (1) If purpose is to advance religion → UNCONSTITUTIONAL. (2) Gov cannot advance or inhibit religion - no symbolic endorsement. (3) Religious symbols: include them all. (4) No excessive entanglement - gov cannot directly pay salary of teachers at parochial school
Political question doctrine
constitutional violations courts will not adjudicate, some are left to elected branches. Art. 4 - people elect reps. to make laws, since 1840s SCT. courts will not adjudicate - E.g. challenges to foreign policy conduct, impeachment and removal process, partisan gerrymandering
Discrimination against non-marital children/legitimacy
INTERMEDIATE SCRUTINY: Always fails. Benefit to marital but not non-marital children are unconstitutional.
Anonymous speech
protected - right to speak or not, i.e. the right not to disclose one's identity
limits on state/local government power b/c existence of National gov and others states, comes up on challenges to state and local gov.
PUBLIC OFFICIAL plaintiff (or running for public office): can recover for defamation by proving the falsity of the statement and actual malice PRIVATE FIGURE and matter of public concern: prove falsity and negligence. Recovery of presumed or punitive damages only by showing actual malice. UNLESS private figure w/ public matter
Public function exception
private party performing task traditionally, exclusive domain of gov, Company town → Company in governmental business of running town - free speech. NOT commercial utilities.
Level of Scrutiny for religious discrimination
STRICT SCRUTINY: If gov wants to discriminate against religious speech or among religions
Fundamental rights protected under equal protection
Right to travel domestically, Right to Vote, No fundamental right to education
Full faith and credit
Courts in one state give full faith and credit to judgments of courts in another state, conditions: 1) Rendering court MUST have PJ and SMJ; 2) Judgment was on merits; 3) Judgment was final
Inferior officers
Agency personnel who do not answer to the president
Intermediate scrutiny
law upheld if substantially related to an important government purpose. ACTUAL purpose - not conceivably important purpose. Narrow tailoring to achieve objective - doesn't have to be best means. BURDEN OF PROOF: on government
Free speech analysis
GENERAL RULE: STRICT SCRUTINY for content based restrictions. INTERMEDIATE SCRUTINY for content neutral restrictions. STRICT SCRUTINY: Prior restraints - judicial order or administrative system that stops speech before it occurs
Where does Federal Legislative Power Come From
(Art. 1)
access to private property for speech purposes
Prior restraints
STRICT SCRUTINY. judicial order or administrative system that stops speech before it occurs: 1) Gag orders for prejudicial pretrial publicity are not allowed; 2) License for speech - only allow if important reason for license and clear criteria w/ little discretion to authority → Needs procedural safeguards; 3) Procedural issue: Violation of a court order bars later challenge
Dormant commerce clause and privileges and immunities clause of Art. IV
State local laws are uncon if they place undue burden on interstate commerce: 1) Art. 4, privileges and immunities clause - no state may deny citizens of other states privileges and immunities that it provides own citizens; 2) Privileges and immunities of 14th Amend. Is always the wrong answer unless it involves right to travel
Right to travel
STRICT SCRUTINY: preventing people from moving into state, durational residency requirement for welfare benies. RATIONAL BASIS REVIEW: No fundamental right to international travel.
Ex post facto laws
Prohibited, does not apply to civil cases, only criminal - retroactive civil liability is only rational basis review
Strict Scrutiny
Law upheld if necessary to achieve compelling government purpose. Look at gov's actual purpose. Must be necessary means, least restrictive alternative - Narrowly tailored: Must be the best way. BURDEN OF PROOF: On government, they usually lose
Bill of Attainder
directs punishment w/o hearing
Standard of review for laws affecting economic rights
Rational basis review for laws affecting economic rights
Congress' authority to act
For congress to act, there must be express or implied Congressional Power - no general federal police power. Police power ONLY for Military, DC, Indian Reservations, Federal lands and territories.
Alienage classifications
Varies: 1) STRICT SCRUTINY - Generally: Can't require US citizenship for SS benefits; 2) INTERMEDIATE SCRUTINY: Discrimination against undocumented immigrant children - can't make them pay for school; 3) RATIONAL BASIS: Alienage classifications concerning self-government and democratic process → May discriminate for juries, voting, police officer, teacher (instilling democratic values), Probation officer. Notary public too far; 4) Congressional discrimination - Congress has regulatory power on immigration
requirements for cases and controversies
gives rise to justiciability doctrines: series of limits: Standing; Ripeness; mootness; political question doctrine
Entanglement exception
gov affirmatively authorizes, encourages or facilitates uncon activity: 1) Courts cannot enforce racially restrictive covenants; 2) Gov lease to discriminating restaurant; 3) State provides books to segregated private school; 4) Private school w/ 99% gov funding (special ed) - but Gov subsidy not enough. NOT: 1) NCAA suspension of BBall coach - private entity; 2) Private club w/ liquor license discriminates
Gender Classifications
INTERMEDIATE SCRUTINY - Need exceedingly persuasive justification for gender classification. Classification exists on face of law. Not on face: need discriminatory impact AND discriminatory intent - E.g. discriminatory use of preemptory challenges. Benefiting women: Perpetuating stereotypes not allowed - NEVER if assumes women are more dependent on their husbands. Remedying past discrimination is allowed - Such as benefit for women to compensate for wage discrimination in the workplace.
Deprivation of property
YES - entitlement unfulfilled, exists if reasonable expectation of continued receipt of a benefit. No longer about right vs. privilege - Say entitlement. EX: Gov employee with year long expectation of employment - entitled to employment until end of year, due process vs. Yr. to yr. K - no entitlement to K renewal. NOT Government negligence. GENERAL RULE: Gov failure to protect people from privately inflicted harms is not deprivation EX: No duty to protect child from abusive parent
Application of the Bill of rights
Applies directly ONLY to the federal government. Applied to state and local gov thru due process clause of 14th Amend - NOT applied: 2nd - bearing arms; 3rd - soldiers quartered; 5th - grand jury indictment; 7th - jury trial in civil cases; 8th - portion against excessive fines, other provisions apply
Types of DP Procedure
Before Deprivation: 1) Welfare benefits: must be notice and hearing; 2) Permanent termination of custody rights; 3) American citizen apprehended abroad and held as an enemy combatant; 4) Punitive damage awards; 5) Unless emergency, pre-judgment attachment for gov seizure of assets. After: 1) SS Benefits: Post-termination hearing. ALSO: Public school discipline: Notice of charges and opportunity to explain to administrator, NOT trial-type hearing
Incitement of illegal activity speech
may punish speech w/ substantial likelihood of imminent illegal activity and speech is directed at causing imminent illegality
Sovereign immunity
Federal courts and state governments may not hear suits against state govs: 11th Amendment - no suits against states in federal court, state courts or federal agencies. EXCEPTIONS: 1) Waiver is permitted, MUST be explicit; 2) May sue state under Fed. Laws adopted by Congress under 14th Amend. § 5; 3) Federal government may sue state government; 4) Suits against state officers are allowed for injunctive relief, personal money damages, NOT if state treasury is paying retroactive damages. Abstention - Fed courts cannot enjoin pending state court proceedings
Absolute immunity for Prez
to civil suits for money damages for actions while in office. Acts prior to appointment: NO IMMUNITY
Causation and redressability for standing
P must allege and prove D caused injury so favorable decision likely to redress. PROHIBITION: no advisory opinions, if no injury, would be advisory.
Commercial speech
(1)False and deceptive ads are not protected. (2) True commercial speech that inherently risks deception can be prohibited. (3) Gov. may prohibit professionals from advertising or practicing under a trade name. (4) Prohibition of in-person attorney solicitation for profit is ok - too easy for attorney to deceive (NO prohibition for accountants). FORM OF INTERMEDIATE SCRUTINY: Other commercial speech - Must be narrowly tailored need not be least restrictive alternative
Procedural due process
Procedures gov must follow when it takes away life, liberty, or property: ASK: Has there been a deprivation of life, liberty and property? What procedure is required? TEST: Balance: 1) Importance of interest to individual - > importance, more protection court will require; 2) Ability of additional procedures to increase accuracy of factfinding - procedures < risk of erroneous deprivation, more likely for court to require; 3) Gov interest in administrative efficiency
Public Schools
NO gov sponsored religious activity in public schools, but religious and non-religious must have the same access to school. School prayer: 1) NOT even if voluntary; 2) Clergy prayers at HS graduation; 3) NO student prayer at football games; 4) YES - moment of silent reflection, NO - Silent prayer; 4) School open to community groups → NO exclusion for religious groups; 5) YES - Gov assistance to parochial school, vouchers, NO - for use for religious instruction
Deprivation of liberty
loss of significant freedom provided by Con or statute. Almost always con liberty rights. Except emergency: before adult commitment, NEED notice and hearing. Parent institutionalizing child - screening by neutral fact finder, SCT assumes parents acting in best interest of child. Not a liberty interest: 1) Harm to reputation by itself - must be a tangible loss; 2) Not usually prisoners
10th Amend. Limits on Congressional Power
powers not granted to Federal government are reserved to the states and people. Congress cannot compel state regulatory or legislative action. 1) Can provide incentives - like strings on grants, as long as conditions expressly stated and relate to purpose of program; 2) May prohibit harmful commercial activity by state governments.
14th Amend, § 5 Congressional power
Congress may not create new rights or expand rights under § 5, only act to prevent or remedy violations of rights courts recognize. Laws may be proportionate and congruent to remedying constitutional violations. Religious restoration act: Unconstitutional.

Deck Info