MBE CONLAW

a state may use its police power to pass legislation that incidently burden interstate commerce

U.S. Congress has the power to regulate any activity that has a substantial effect on interstate commerce

• RAMPS
• ripeness, abstention & adequate state grounds, mootness, political questions, standing

law based jurisdiction: cases under U.S. const. or fed law

party based: U.S. govt, state v. state, state v. citizens of other state, diversity, foreign diplomats

• 1. statement about loathesome disease
• 2. trade or profession
• 3.unchastity of a woman
• 4.crime of moral turpitude

• 1. clear & present danger
• 2. defamation (private person-of public concern + negligence of truth/falsity)(public figure-state req'ment + actual malice)
• 3. obscenity-Miller test (contemporary community standards, prurient interest, patently offensive, lacks value)
• 4. child porn-unprotected (may be regulated w/o satisfying Miller test)
• 5. fighting words-regulation must be viewpt neutral & not single out one view
• 6. fraudulent commercial speech

DO NOT apply strict scrutiny!

prevents economic discrimination by one state against the citizens or residents of another state, unless discrimination is closely related to a substantial govt interest

traditional one-person, one-vote principle does not apply

--subjected to rational basis review

• 1. Constitution
• 2. Acts of Congress & Treaties (last in time prevails)
• 3. Executive Agreements-foreign policy
• 4. state law

-5th amd right to grand jury is NOT incorporated into 14th amd

-no right to Miranda warnings or to have counsel present

-FRE do not apply (other than privileges)

-4th amd exclusionary rules does not apply

-5th amd privilege may be asserted

private individuals cannot sue states for $$$ damages in any court (sovereign immunity)