Summary of Constitutional Law 2 discussion on Bill of Rights. Based on the Book of Fr. BernasFull description
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Notes detailing the essential characteristics of the Indian Constitution especially in regard to the fundamental freedoms guaranteed in Part III of the Constitution.Full description
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A basic flowchart for Constitutional Law IFull description
Author of the Book used: Fr. Joaquin G. Bernas, S.J. Professor: Atty. Daryl Bretch M. Largo University of San Carlos Note: The contents are sourced from the class discussions (also personal…Full description
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Notes constitutional law.
Nachura Constitutional Law Reviewer
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case comment-S. SHANMUGAVEL NADAR V. STATE OF TAMIL NADU AND ANR.
CONGRESSIONAL POWER/ STATE ACTING (Preemption, DCC, P&IC) ANALYSIS Any State law MUST be rationally related to a legitimate State purpose (economic protectionism only is NOT legitimate purpose).
Has Congress acted? YES FEDERAL PREEMPTION
NO
Did Congress have a constitutional power source to act? (what is it?)
YES
Does the federal statute contravene some other provision of the constitution?
YES
YES
YES
Congressional Statute is invalid
YES
in the several states.”
Is there a nondiscriminatory state law affecting IC – that incidentally burdens IC?
YES
Does the state law pass Pike Balancing Test: public benefits outweigh burdens placed on interstate commerce by the law?
YES
STATE LAW PREEMPTED!
2. 3.
Is there conflict btw federal and state law and is complying with both laws physically i mpossible? (implied conflict preemption) OR Does state law impede achievement of a federal objective? OR Is federal law and regulation so pervasive as to make reasonable the inference that Congress left no room for the states to supplement (look to congressional intent to have federal law occupy a particular area of law)
YES
NO
Art IV, §2.
NO
NO 1.
State shall be entitled to all privileges and immunities of citizens
Is the state law facially neutral but when applied discriminates against interstate commerce (discriminatory effect)?
YES
NO
“The citizens of each
NO
Does the state law survive under strict scrutiny (state demonstrates that its law serves a legitimate (compelling) government interest AND that its legitimate objective cannot be accomplished by any less discriminatory alternative.)?
NO
NO
Does federal law (explicitly) expressly preempts state law in the language of the federal statute?
PRIVILEGES & IMMUNITIES CLAUSE
Does the State law - affecting interstate commerce – facially – facially discriminate against out-of-staters or treats them differently than in-staters?
NO
What is the scope and has Congress exceed the scope of the power source?
NO
DORMANT COMMERCE CLAUSE
YES
State Law is invalid (violates DCC)
NO
YES
NO
1. Does the state have a substantial reason (substantial govt. interest) to treat out-of-staters differently? AND 2. Is discrimination substantially related to achieving the state’s
objective (MUST be the least restrictive means of achieving the goal)?
1. Is there Congressional approval of the State law? OR 2. Is the State acting as a Market Participant? (must act as business and NOT regulator)?
NO
Does the State law discriminate against out –state citizens regarding: of – 1. Fundamental constitutional right OR 2. An important economic activity (discrimination in earning a livelihood)?
