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14 Cards in this Set
- Front
- Back
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Subject Matters Exclusively Local
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State/local regulations permitted, subject to police power limitations:
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Subject Matters Exclusively Local
"law must relate to" "must not violate" |
relate to:
public health safety welfare morals not violate: us consititution - equal protection, due process, or commerce clause ex) segregation laws - people felt it was bad now its violation of constituion laws must not be unreasonble or arbitury |
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commerce clause and taxation of buisness by states
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an interstate business where you move from state to another, your going to run into a situion that:
where the states say that you need to pay taxes using whatever their laws are |
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Nexus or Taxable Situs
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means connection "nexus"
you need connection between taxationof the business and benefits of the business "puprose of taxation" court: generate rev for public expedentures |
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braniff case (commerce clause and taxation of busies states)
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only interstate flights and nebraska tried to tax him and he said no cause of interestate fights
Brandiff Airways)Airport is all interstate no intra-. Issue: since it’s all inter- the state cant tax them→ rejected bc: (1) nexis: there was a connection between the services state taxes provided; police, fire, roads, education, and the airport employees that benefited from them. (2) taxable situs: prop. Tax of 5 % of income made from the state itself |
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fair appointment required
4. Commerce Clauses and taxation of business by states |
each state is only entitled to its "fair share" of the interstate value it seeks to tax. That is, no state should have the authority to tax 100% of any value whether that value be property, income, or something else-that is attributable to commercial activity taking place in more than one state. Required (bc other states tax as well, must only be taxed on rev attributable to that state)
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Guidelines for Interpreting Constitutional Rights
(for the most part deal with the bill of rights- first 10 amendments) |
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Amendments to the bill of rights labeled "ABL"
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1)Constitutional rights are not absolutes
"abl" |
congress must make no law that infringes on freedom of speech
yet we cant 1) yell Fire!” in a crowded theatre (2) must speak under oath (pujury) (3) defame of character - tarnish person or represnt them in false statesments cant commit treason, fraud or slander/libel defamation |
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Contitutional rights are not absolutes.
3) defame |
defame - false statements to worsen someones representation to the public
slander is against the law - hurts someones rep and is repeated to more than one person - defame ii libel - written defmation - can be arrested in FL |
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equal protection clause
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1) invidious discrimantaion is illegal
i) an acknowledgement that not all discrimination is illegal invidous = evil 2) rational basis discrimation is illegal i) if there is rational to discriminate its illegal - young people discriminated to vote |
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ex) rational discrimination
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hooters turned down men and they were rational about it ruled in the court
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issues involving denial of equal protection
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abortion - does women have right or dad?
civil rights - segreated facilties? No. thats is not illegal in this country dealth penalty - reinstitued the dealth penenlty |
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CIVIL vs Crimial
1) wrong against: |
civil:
i) wrong against indivigual or group ii) race, sex descrimination criminal: i) wrong against society ii) criminal harms society as a whole murder makes societty scared of you |
