con law/ Admin

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Author:
maggieblund
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162792
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con law/ Admin
Updated:
2012-07-17 02:12:28
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con law
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con law
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  1. State action 
    const only applies to gov actors, or private conduct where significant gov involvement
  2. Free Speech
    1st a prohibits gov from abridging speech. WA const states that you can speak, right and publish on all subjects. Under both, gov may not suppress content of political or religious speech without passing strict scrutiny, compelling state interest least restrictive means. Commercial speech gets intermediate. Cannot suppress political/religious on commercial sign bc some might disagree. 
  3. Content Based Regulations
    subject to strict. Upheld only if necessary to achieve compelling gov interst, and ct considers least restrictive means. Burden on gov and must be actual, not conceived, purpose. 
  4. Equal Protection
    EP of 14th a and WA const prohibit intentional discrimination on the basis of race, religion or national origin. SS applied to suspect classes, which include race and nat'l origin. When restrict some peeps, even if not suspect class, in exercise of fundamental rt to speak but not others similarly situation, ss will apply.

    Statute can be facially discrim, or neutral but provides for disporportionate effect AND discrim impact.  
  5. substantive DP
    DPC of 15th prohibits gov from burdening liberty to engage in lawful activites. If fund right, SS applied. Otherwise, RB. 
  6. Procedural DP
    state may not intetionalyl take life, liberty, or property without due process of law. Always includes notice and fair hearing. Mathews test - court will weigh risk of erroneous deprivation, burden on gov, and interests involved. Person entitled to eharing before revocation unless emergency. 
  7. Standing
    concrete stake in outcome of case. must show has been, or will be directly or personally injured by unlawful action. Denial of 1 a is concrete right. Must be causal connectioon between injury and conduct, and litigation must be able to remedy the pltf. 
  8. establishment clause
    1st a, applicable to states through 14 a, cant' discrim against or granting a preference to particular religions. Nondiscriminatory regulation must meet Lemon test: it must serve secular purpose, primary effect must not advance or inhibit religion, and it must not create excessive gov entanglement with religious administration or bureaucracy. 
  9. Free Exercise Clause
    Can't punish/interfere with religious beliefs but can incidentally burden religious practices by gen regulations. In WA, gov action with coercive affect must pass SS. 
  10. Ultra Vires
    Ct can declare rule invalid if made ultra vires and agency makes rule that exceeds its delegated authority. presumed valid and will be upheld if reasoanbly consistent with statute being implemented
  11. Contract Clause
    Applicable only to state and local rules. Prevents substantial interference with existing Ks. If law substantially impairs private contractual relationships, law will be upheld if significant public purpose.
  12. DCC
    state.local can regulate commercial activities if it doesnt discrim or unduly burden. Non discrim reg that burdens upheld if furthers leg state interest and bthe burdens don't outweigh the balance. 
  13. EP
    prohibits intentional discrim against similarly situated people. 
  14. Priv and Immunities
    prohibits explicit discrim against out of state citizens as to fundamental rights/essential activities. To be upheld, law must meet SS. 
  15. Rulemaking APA
    imposing penalty = rule under APA. If rule didnt explain who wat and how much can be penalized, then violates APA rulemaking.

    At leats 30 days before filign notice, must publish statement of inquiry stating authority for rule, reasons why its needed, coordination with other agencies, process rule might be developed, an explanation of how people can participate in rule making.

    20 days prior to rulemaking action, agency shall cause notice to be filed in state registrar 
  16. APA violations and DP
    APA requires notice of action, 20 days to request hearing, 7 days notice of hearing, opp to examine witnesses and present evidence, given opp to cross, have unbiased decision maker, and written decision with findings of fact and conclusions of law
  17. Content neutral time/place/manner restrictions
    content neutral laws that burden non pbulic are valid time place and manner regs if viewpoint netural and reasonably related to legitimate gov interest. Gov properties other than streets, sidewalks, and parks are gen considered non public. Speech and assembly in traditional public forum can be regulated by time, place and manner and WA const provides that persons may speak, write, and pbulish on all subject. 
  18. Exhaustion of APA remedies
    necessary to appeal to ct unless futile. 
  19. Judicial Review
    • Ct grants releif from agency WHEN:
    • 1. order/statute on which order is based violates const on face or as applied
    • 2. order outside scope of agency
    • 3. agency engaged in unlawful procedure or violated prescribed procedures
    • 4. order not supported by evidence viewed in light of whole record
    • 5. agency not decided all issues requiring resolution
    • 7. order is inconsistent with agnecy rule or
    • 8. order is arbitrary or capricious.  
  20. Eleventh Amendment
    11th a prohibits action against a state gov for damages or for injuctive/declaratory relief where state is named as a party. Actions against a state officer for injunctive relief or damages to be paid out of own pocket allowed.
  21. Obscene speech
    restrictions based on obscene speech have been upheld. If osbscene, taken as a whole by average person applying community standards, if it appeals to the prurient interest in sex, protrays sex conduct in offensive way, and under a national person standard lacks serious artistic political or scientific value. 
  22. Overbroad
    reg that bans broad range of speech at particular location or undder a particular circumstance will likely be held invalid for overbreadth. Cts more likely to find overbreadth when law limits purse speech as opposed to expression involving conduct. 
  23. Vague
    If law fails to give persons of common intellegence reasonable notice as to what is prohibited, violates DP. Principle applied strictly to 1 a stuff to avoid chilling effect.
  24. Taking
    gov cant take private prop for public use without just compensation and due process. State const requires that gov prove that public interst actually requires the taking. 

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