JOUR 302 Study Guide - Spring 2018, Comprehensive Midterm Notes - Supreme Court Of The United States, First Amendment To The United States Constitution, Defamation
Document Summary
Test used in come contexts to determine a law"s constitutionality. To pass strict scrutiny the legislature must have passed the law to further a. Compelling government interest and must have narrowly tailored the law to achieve that interest. Sources of law - federal (f) & states (s) State constitution can"t give you any less rights than the federal constitution, but can give you more. Ordinances can come from local city council/county board; laws for that local area. Fees for having an open alcoholic container, where to put a sex shop, etc. Common law (mostly s; allegedly no f common law) Judge rulings from mostly england; precedents set by previous rulings. Laws created by congress; right to create agencies operated by board members in that industry/expertise. Agencies then propose laws/statutes and then get voted in after public comment. Cia, department of transportation, fda, fcc, etc. If state makes a law that conflicts with federal law then federal law usually wins.
