In modern application, federal courts apply a three-pronged test to determine whether or not a given state statute is invalid by virtue of a conflict with Congressional constitutional authority in relation to the exercise of the dormant Commerce Clause. In that regard, the first consideration is whether or not the statute is "even-handed" and only burdens interstate commerce "incidentally" and without discriminating against intestate commerce either on its face or in its effects. The second consideration is whether the statute furthers an objectively legitimate state purpose. The third consideration is whether any state statute that does further a legitimate state purpose does so in a manner that is more restrictive than necessary to achieve that purpose and (also) whether those same goals or purposes are capable of being achieved through less discriminatory means than those imposed by the statute at issue (Dershowitz, 2002; Friedman, 2005).
Analysis and Likely Outcome
Tanya will probably prevail in her challenge and succeed in overturning the Confusion State statute. The statute does not satisfy the applicable criteria used to determine its constitutional validity. First, the statute is not "even-handed" because it burdens interstate commerce substantially rather than only "incidentally." It also discriminates against intestate commerce, certainly in its effects even if not necessarily on its face, by (in effect) requiring all interstate trucks...
The prima facie evidence provision in this statute blurs the line between these two meanings of a burning cross. As interpreted by the jury instruction, the provision chills constitutionally protected political speech because of the possibility that a State will prosecute -- and potentially convict -- somebody engaging only in lawful political speech at the core of what the First Amendment is designed to protect. Id. At 556. In his
Constitutional Law Debate: The Legislative Branch The Legislative Branch of government is the most powerful for many reasons. Of course, there would be people who would argue against that and state that other branches are more powerful because of specific powers that those branches possess. Despite that argument, the Legislative Branch of the U.S. Government clearly has more power because of the types of decisions that have been entrusted to them.
Kennedy referred to international as well as domestic standards in defense of the court's majority opinion. He wrote: "Our determination that the death penalty is disproportionate punishment for offenders under eighteen finds confirmation in the stark reality that the United States is the only country in the world that continues to give official sanction to the juvenile death penalty. This reality does not become controlling, for the task of
" (GAO, 2006) Issues involved are stated to include "the dispersal of residents in low-income communities to other neighborhoods or cities." (GAO, 2006) it is stated that an inherent right of "sovereignty, eminent domain in a government's power to take private property for a public use while fairly compensating the property owners." (GAO, 2006) There have been actions in state legislatures toward prohibition of "certain eminent domain practices, such as preventing
In addition to the argument that the law's requirement of hanging the Ten Commandments is contrary to a country with no established religion, the commandments were also serving no functional purpose but a religious one. In many schools, the teaching of religion and religious ideas occurs in social studies, history, and culture classes. This contributes to students' understanding of different viewpoints, heritages, and the foundations of countries and institutions. Thus,
In the case, Carty was a passenger of a vehicle operated by another individual. The vehicle was stopped for speeding, and the driver of the vehicle was asked to sign a form of consent to search the vehicle. During the search, the officer did a pat down of both Carty and the driver, at which time cocaine was found on Carty. The signed consent to search did not include
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now