Jeffery Rosen
Chapter 5 detainee treatment act 2006No haebus. Military hearings. Hearsay. Torture evidence. No review for accused or rebuttal. Court overturned cause not authorized. Congress authorized 2008 military commission act.
Chapter 15 Firearms. Collective rights reading of 2nd. Need to be part of militia Heller case 2008 – DC handgun ban struck down. Not interfere with ownership in home including gun ownership. 2nd protects prop.
2010 McDonald vs Chicago. 2nd applies to states. Fun allow u to protect property.
Full faith – rights travel states to state. Ensure national unity. Dual sovereignty. Public acts and judgements. Also protects vested interest across state lines – Property. Limits states right
Community. Move across state lines.
3rd amendment no quarter soldiers. Protect home and contains of House. 4th sage in home and stuff. Basic trespass. Mostly Amit Property.
Copywriting Broad approach rights from god Utilitarian approach accounts for public interest Only way to incentivize people to research. Also, limited time of copyright inconsistent with natural law vision that right comes from god not gov. No right until gov provides. Don’t get one. Noting exists.
Chapter 17. Constitution does not contain “freedom of contract”. Laissez Faire. Labor and capital able to tend to own interests without state interference. 5th amendment. Gov can’t take life liberty or property without due process. 14th applies this to states. 18th capital fought minimum wage, max hours. Did regulation serve Public interest or one party over another? Corp persons under due process clause and can directly challenge regulation.
1905 Lockner vs Ny. 60 max work hours week strict down cause it interferes with owners freedom of contract. Holmes dissent attack liberty of contract.sunday Laws usury laws. Spencer social statics not enshrined in constitution. Scroll laws. Post office. DMV. Made for people of differing views. Judge Harlan descents Plessy – Lockner. Leave to congress unless clear no public health or palpable invasion of rights.
1934 Nebia. Milk control board. Court said neither Property rights or contract rights are absolute especially where regulations exist to promote the public welfare.
1937 west coast hotel. Parish. Less that minimum wage. Repudiated liberty of contract. Exists in due process. Regulations valid if reasonable suited to purpose and adopted to advance community. When companies exploit labor thru unequal bargaining power they impose external costs on community. What workers lose in wages is made up for by the taxpayer.
Since west coast hotel regulation framework. Shapiro. Company must turn over documents.
Caroline Products 1938 – reasonably related to any possible practice. Footnote 4 – Court defer to economic legislation Long as rational and not infringe basic rights speech, assembly, discriminated against discrete and insular Group.
2010 Roberts courts. Number cases grown and 61% wins. Up from norm of 42%. Both sides voted. Both share bias for markets and against regulations. No populists on Court. No stats rights. No libertarian. No left Econ
Citizen united. Personhood same rights as members. They can spent as much as they want.
Ruled restriction of broadcast violated first amendment. Protects association of people too. Corp people. Right to speak protected. Not allow restriction of speech based on id of people. Money so important to political speech, this limits this associations right to speak. Where is Public interest? Where is community?
501c4 not reveal name of donors.
Chapter 19. Takings clause w/out compensation 5th (Locke). Kilo vs new London. Take land to gov to private company to give to private company
Jefferson used happiness not Property. Influenced by Berlamockie. Property not seen as natural right as is not a direct gift from god. Grotius
Property balanced against Public interests