ENVS 2256 Lecture Notes - Lecture 27: Fourteenth Amendment To The United States Constitution, Lake Huron, Fifth Amendment To The United States Constitution
16 May 2018
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Case Breakdown!
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Supreme Court can grant certiorari!
at Trial/District court level, this is where the fact finding occurs!•
appeal to the court of Appeals!•
State Courts and Federal Courts!•
if you are at a state court!◦
MA courts only hear laws that apply to courts in MA!◦
federal courts deal with federal laws, constitutional issues!◦
14th Amendment enables the Constitutional to apply to the states!•
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Compare 14th and 5th Amendment!
no deprive of life, liberty, and property without due process of law!•
5th amendment came first -> federal govt can't deprive citizen of life, liberty, and property!•
but only applied to Fed govt!◦
protects citizens against federal laws!◦
14th says states can't do this!•
MA is bound by the constitution because of the 14th amendment!◦
federal laws apply to all 50 states!◦
need 14th to protect people against state laws!◦
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SCOTUS is federal court, only hear cases that deal with federal laws!•
through 14th amendment, they can hear unconstitutional state laws in federal court!◦
5th amendment deals with federal laws!◦
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Facts!
Supreme Court is hearing this in 1989!•
Rapanos filling in wetlands with sands to built a mall!•
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Page 10 - Salzburg Site!
Wetlands are connected to a manmade drain!•
which drains into Hoppler Creek!•
which flows into the Kawkawlin River, which empties into the Saginaw Bay and Lake Huron !•
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Hines Road site!
connected to something called the "Rose Drain", !•
which has a surface connection to the Tittabawassee Riverand the wetlands at the Pine aRiver •
site have a !
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Pine River site!
surface connection to the Pine River, which flows into Lake Huron !•
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Problems with the Salzburg Site, why Rapanos would argue that he shouldn't be held liable!
Distance!1.
Continuity!2.
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range was quite attenuated in the Salzburg site, Rapanos faced jail time !•
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Document Summary
Supreme court can grant certiorari at trial/district court level, this is where the fact nding occurs appeal to the court of appeals. State courts and federal courts if you are at a state court. Ma courts only hear laws that apply to courts in ma federal courts deal with federal laws, constitutional issues. 14th amendment enables the constitutional to apply to the states. Compare 14th and 5th amendment no deprive of life, liberty, and property without due process of law. 5th amendment came rst -> federal govt can"t deprive citizen of life, liberty, and property but only applied to fed govt protects citizens against federal laws. Ma is bound by the constitution because of the 14th amendment federal laws apply to all 50 states need 14th to protect people against state laws. Scotus is federal court, only hear cases that deal with federal laws through 14th amendment, they can hear unconstitutional state laws in federal court.
