Final Exam Con Law *
What were the two listed reasons for why the county had no duty under the due process clause to protect the boy against his father's violence, and therefore the county's failure to provide such protection did not deprive the child of liberty in violation of the due process clause? (DeShaney v Winnebago)
(1) the harms suffered by the child occurred not while he was in the state's custody, but while he was in the custody of his father, and (2) the state played no part in the creation of the dangers that the child faced, nor did the state do anything to render him any more vulnerable to such dangers.
What 3 things did Blaisdell allow alterations of contracts for? (minor alterations)
- extent of the social problem - the limited nature of change to the contract - the temporary nature of change
What argument is presented by the dissenters? (Allied Structural Steel v Spannaus)
- the law does NOT impair contractual obligaiton becasue it creates new ones -- for that reason they say that there shouldnt have been an applicaiton of the contract clasue at all -- they claim that the contract clause was simply created to prevent repudiation of debts -- not at stake here they claim that costs should be modest if plans are properly vested
ASS v Spannaus has a narrow focus that only applies to companies...
- with over 100 eployees that have at least 1 in MN - w voluntary pension plan - theres one more,but he went too fast
How does the court define the principles of English Common Law that apply to ferries?(CRB v Warren Bridge)
-A grant is required to operate ferry -collecting tolls is a property right -that right to collect tolls is exclusive
Why didn't the court believe that the loss of tolls as the result of building a new bridge nearby was sufficient to demonstrate violation of the contract clause? (CRB v Warren Bridge)
-There is no exclusivity portion in the charter -new and improved methods of transportation are always destructive of the older ones - Contract Clause was never intended to limit improvement and innovation
What important limits does the court recognize in the application of the Minnesota law?(Home Bldng & Loan Assn v Blaisdell)
1. Even under crisis circumstances, legislation must NOT give advantage to particular individuals 2. Relief is temporary 3. the law does not alter rights created by the contact
What are the exceptions to the FTCA presented in Indian Towing?
1. No punitive damages - The FTCA prohibits punitive damages ( from being awarded against the government. 2. Due Care exception - allows a government official to balance the considerations involving the public interest— 3. Discretionary Function Immunity - shields the government from liability for "the failure to exercise or perform a discretionary function or duty."
What powers remain reserved to the states in spite of the presence of the contract clause? (Home Bldng & Loan Assn v Blaisdell)
1. Public Health and Morals 2. Public Safety
What rights were created under the pension plan established by Allied Steel? (Allied Structural Steel v Spannaus)
1. there is no obligation to establish a pension plan 2. employees will become vested after a specific number of years working for the company, but they received no money unless they were vested
How does the court seek to distinguish Allied Structural Steel v Spannaus from the Blaisdell case?
1. they did pay the pension that they promised in Blaisdell - here they are making people honor a contract that they never made 2. the nature of the change is different - "the changes to the contract were permanent" 3. Blaisdell was during the Great Depression; there is nothing equivalent here - "no claim of societal emergency like in Blaisdell" 4. THis case has a narrow focus - 5. This case posed immediate obligations
What actions led to the case of Sacramento v Lewis?
2 deputies on a call (unrelated) observed motorcycle speeding driven by 18 year old Willard with 16 year old passenger (Lewis) 2nd deputy (Smith) pursued WIllard and Lewis in a 1.3 mile chase through residential neighborhood -- Both reached speeds up to 100 mph -- Smith was as close as 100 ft behind motorcycle Willard lost control and tipped over Smith unable to stop before hitting Lewis (pronounced dead at the scene)
What was the maximum extension allowed under the law? (Home Bldng & Loan Assn v Blaisdell)
2 years
How many years was the Society chartered to run the lottery? (Stone v Mississippi)
25 years
Why does the court reject a 4th amendment claim in this case? (Sacramento v Lewis)
4th amendment does NOT apply NO search and seizure is involved
What is the distinction between the concepts of "discretionary function" and actions taken at the "operational level"?(Indian Towing v. US)
Actions that are discretionary function in nature are undertaken voluntarily and are not required to ensure fulfillment of duties. On the other hand, actions taken at the operational level are necessary to fulfill the responsibilities associated with a job.
What promise was made as part of the 1962 compact? (US Trust Co v NJ)
Adopted to finance a takeover of a bankrupt rail line
How does the court address the fact that the charter for Dartmouth had been issued byGeorge III prior to the revolution?(Dartmouth v Woodward)
Any contracts and rights that existed prior to the revolution still exist and are valid after independence
What is the relationship between the Charles River Bridge and the ferry service it replaced? (CRB v Warren Bridge)
Bridge was built to replace the ferry as an improvement in transportation, the ferry was then extinguished
What is the issue of Stone v Mississippi?
Can the state government outlaw actions authorized by a charter without violating the Contracts Clause? aka Did Mississippi violate the Contract Clause by repealing the Society's grant?
What is due care?
Caution for the safety of others when the risk of injury to another is present
According to the court, what rights are created when government issues a contract?(CRB v Warren Bridge)
Charters only grant specific rights that are directly stated
Why did the proprietors of the Charles River Bride claim that the Warren Bridge created an impairment of their contract? (CRB v Warren Bridge)
Claimed the warren bridge took away traffic and ability to profit off of tolls, said the warren bridge was a nuisance The reduced traffic on their bridge after the new bridge's tolling priviledges expired would seriously reduce the amount of money collected in tolls until their contract expired
Which case...? "Petitioner police officer was involved in a high-speed automobile chase aimed at apprehending a suspected offender. Respondent was the passenger on a motorcycle driven by the offender. The driver of the motorcycle tipped over and petitioner's vehicle struck respondent."
County of Sacramento v. Lewis
How does the court address the challenges to the motives of the state legislature in adopting the law under consideration in Fletcher v Peck?
Courts are not allowed to question the purity of the motives of the state legislature General laws can always be repealed by succeeding legislative bodies; contractual obligations taken on by states are different from general laws - they create legal rights for third parties, repeal cannon extinguish those rights once established
Which case... ? "The child's father beat him to the point where he was deemed to be profoundly retarded. The child, by his guardian ad litem, alleged that respondents knew or should have known about the risk posed by his father."
DeSHANEY v WINNEBAGO COUNTY DEPARTMENT of SOCIAL SERVICES (1989)
What is the issue in Sacremento v. Lewis?
Does a police officer violate "substantive due process" is a suspect dies in a high-speed pursuit where the officer demonstrates deliberate or reckless indifference to life in a high-speed automobile chase aimed at apprehending the suspect?
What is the issue in DeShaney v. Winnebago?
Does failure to protect an individual from violence constitute a violation of the 14th amendment due process clause?
What is the issue of Allied Structural Steel v Spannaus?
Does the expansion pension obligations by MN legislature violate the contract clause?
What is the issue of Home Bldng & Loan Assn v Blaisdell?
Does the state decision to grant emergency relief to mortgage-holders represent a ciolation of the Contract Clause?
Based on this case, how do emergencies affect constitutional powers granted (or denied)?(Home Bldng & Loan Assn v Blaisdell)
Emergencies do NOT invalidate or alter any powers of the constitution They CAN create a reason for exercising an EXISTING power. The protection of vital community interests is among states' reserved powers; the economic crisis furnished justification for using that reserved power
T/F - the contract clause can eliminate police powers (ASS v Spannus)
FALSE - the contract clause does not eliminate police powers
Which case asks the following question? "Does the contract clause prohibit Georgia from reversing a state contract selling land that previously sold land to private investors?"
Fletcher v Peck
How does the court distinguish between the ability to repeal general laws compared to contractual obligations taken on by the state?(Fletcher v Peck)
General laws can always be repealed. However, contractual obligations taken on by a state are different. Once a contractual obligation is created, it is protected by the contract clause and a repeal cannot extinguish those rights.
What does the court identify as the general purpose of government?(CRB v Warren Bridge)
Government purpose is thee promotion of happiness and prosperity of the community
What rights were created by the charter for the Charles River Bridge? (CRB v Warren Bridge)
Granted authority to build bridge and collect tolls for a period of 40 years
What does the Court identify as the purpose of the FTCA?(Indian Towing v. US)
Grants Permission for tort claims against the US -allow recovery for damages due to negligence of gov actors -equates liability of gov to same liability of that of private actors
Under what circumstances does the court say that an affirmative right to government aid exists (or a positive obligation is created)? (DeShaney v Winnebago)
Harm must occur while in state custody (OR) the state must play a part in creating the danger (OR) the state's actions must increase harm Precedents involving prisoners and those involuntarily committed to state institutions - If state deprives someone of liberty or care for themselves it becomes to ensure reasonable safety, access to medical care, etc.
Describe the facts of Fletcher v Peck
In 1795, the Georgia state legislature passed a land grant awarding territory to four companies. The following year, the legislature voided the law and declared all rights and claims under it to be invalid. In 1800, John Peck acquired land that was part of the original legislative grant. He then sold the land to Robert Fletcher three years later, claiming that the land sales had been legitimate. Fletcher argued that since the original sale of the land had been declared invalid, Peck had no legal right to sell the land and thus committed a breach of contract.
Which case... did "plaintiffs seek to recover for damages allegedly caused through the negligence of the Coast Guard in permitting the light of a lighthouse operated by it on an island within the boundaries of Louisiana to become extinguished and not repairing the light nor giving warning that it was not functioning"?
Indian Towing
What was the basis of the claim of negligence against the Coast Guard? (Indian Towing v. US)
Indian Towing damaged their vessels and cargo when their barge ran aground due to a lighthouse light failure on Chandeluier Island. Indian Towing claimed that the damage they suffered was a result of negligence by coast guard. THey claimed that the coast guard failed to properly maintain light as well as failed to issue a warning that light was not functioning.
What is the state of NH trying to do and why is it a problem?
It tried to turn Dartmouth college into a public university... and also replace the entire board of trustees this is a problem becasue the charter/contract requires that the institution be private Over the years, individuals had contributed to the college believing their donations would continue to support the institution's original mission; if governments did not protect such entities through a CONTRACT CLAUSE, individuals would be less likely to contribute to them in the future. --eelesymonary institution
Was this a tort case or a due process case? (Sacramento v Lewis)
Lewis is filing a tort claim arguing a violation of substantive due process right to life by 5th
What is the purpose of the 14th Amendment due process clause?
Limit on state power - protect people from government Does not guarantee safety from private actors No affirmative right to government aid
Was the company required to offer this kind of plan? (Allied Structural Steel v Spannaus)
NO
What actions led to a change in law after the charter was granted to the aid society? (Stone v Mississippi)
New constitution was drafted by the PEOPLE that outlawed lotteries
What is the standard of behavior required of government officials once they have exercised discretion to take action in some area?(Indian Towing v. US)
Once government officials have established an obligation to maintain something in good order, failing to perform that duty makes them negligent under the FTCA
What argument is made by the dissenters in this case? (US Trust Co v NJ)
Precedent grants the right to legislate in areas of health, safety and other collective interests Lawful exercise of state power stands paramount to private contract rights there was an absence of clear evidence that a contract has been impaired
How did Mississippi law address gambling and lotteries prior to this period of time?(Stone v Mississippi)
Prior to this period it was permissible
How does the court justify allowing the state to alter the law in a way that invalidates its own contract? (Stone v Mississippi)
Prohibitions of lotteries fall within police powers of the states The Court stated that no legislation had the authority to bargain away the public health and morals. The Court viewed the lottery as a vice that threatened the public health and morals.
What was the original purpose behind the contract clause? (Fletcher v Peck)
Prohibits states from impairing the obligations of contracts
What principles are established by the court in ruling the repeal law invalid?(Fletcher v Peck)
Property rights of original purchase cannot be repealed by legislature - violation of the Contract Clause
Under what circumstances was the charter for creation of a lottery established?(Stone v Mississippi)
Provisionally Mississippi Legislature granted charter to private company to run a lottery for 25 years
What was the claim made by the US Trust Co? (US Trust Co v NJ)
Repealing the compact would reduce the security of bonds the repeal violated the contract clause
What does Rochin v CA have to do with the Sacramento case?
Rochin v CA set the standard of the "shocking the conscience" application - liability arises when a police officer abuses power in a way that shocks the conscience the negligence or failure to exercise due care in this case does not meet this standard this standard creates the requirement that there must have been an intent to do harm
How do the concurrent opinions react to this standard? (Sacramento v Lewis)
Several of the concurrences focus on the "shocks the conscience" standard -- Most support the standard at some level, scalia and thomas argue against it - Stevens argues that the officer is entitled to qualified immunity and case should be resolved based on that alone
What standard is created for determining when this protection has been violated? (Sacramento v Lewis)
Shocks the Conscience Standard (this generally requires deliberate actions or indifference designed to deny life, liberty, or property)
What limits does the court identify with the application of the contract clause? (US Trust Co v NJ)
State sovereignty guarantees retention of general legislative power; Legislatures retain ability to alter or repeal general legislation - they can't bargain away police powers; actors can't gain immunity from law simply by creating a contract
Affirmative Rights (DeShaney v Winnebago)
Tells the government what it MUST do and citizens what they are ENTITLED to.
What standard did the 9th Circuit propose for showing a violation of constitutional rights? (Sacramento v Lewis)
The 9th court determined that the level of fault for high speed pursuit was "deliberate indifference to, or a reckless disregard for a person's right to life" And that Smith violated department policies on high speed pursuits, demonstrating deliberate indifference - meeting the level of fault, violating the plaintiff's constitutional right
What does the court say about the continued application of the contract clause? (US Trust Co v NJ)
The Contract Clause provides meaningful protections with some limitations
What did the Society argue after John STONE was arrested for running a lottery?
The Society claimed they were protected by the provisions of their charter (contract clause) while the state declared that LATER enforcement legislation had repealed the grant.
What did the Supreme Court find in DeSHANEY v WINNEBAGO?
The Supreme Court found that the actions of the father were reprehensible. However, the Court determined that the Fourteenth Amendment did NOT require a state or local governmental agency to protect its citizens from private violence or other mishaps not attributable to the conducts of its employees.
Why did the government claim that it was immune to the suit in this case?(Indian Towing v. US)
The US Govt. is the only actor that can build and maintain lighthouses, thus they cannot be held responsible as actors in the private sector would because no private actor can build or maintain a lighthouse.
What contractual rights does the court say were created by the charter for Dartmouth?(Dartmouth v Woodward)
The charter granted the right to define the mission and governance of the college; donors to the college assign their property rights to corporation based on the desire to advace the objective of the insititution and the faith that the charter will be preserved and enforced
Under what circumstances does the court say it would be legitimate to take away contractual rights after they had been created?(Fletcher v Peck)
The contractual rights created by a contracts that was obtained by fraud on the part of the purchaser can be invalidated.
Why did the court hold that the petitioner was not liable in Sacramento v. Lewis?
The court held that high-speed chases with no intent to harm the suspect physically or to worsen their legal plight did not give rise to liability. The driver of the motorcycle's outrageous behavior prompted petitioner's response as a law enforcement officer. Petitioner was not liable because there was no improper or malicious motive in following the motorcycle in a high-speed chase.
Why does the Court reject this argument?(Indian Towing v. US)
The decision to build the lighthouse was discretionary. Once it was built, the decisions carried obligation to maintain it in good working order.
What was the decision of Indian Towing Co?
The decision to establish lighthouse was discretionary, which carried obligation to maintain it in good order. Failure to perform that duty makes the US negligent under FTCA.
How do the circumstances of the officers decision making affect the outcome of the case? (Sacramento v Lewis)
The height of the officer's potential fault was negligence or recklessness; the motorcyclist's behavior was outrageous and forced a split-second decision; the officer's actions may not have been prudent, but they didn't demonstrate malicious intent
What was the issue in INDIAN TOWING CO, INC v UNITED STATES (1955)?
The issue was whether governmental activities of the kind involved in the present case were within the scope of the FTCA aka - is the US liable for damages as result of failure to maintain lighthouse on Mississippi River?
What did the courts rule? (Home Bldng & Loan Assn v Blaisdell)
The supreme court ruled in favor of the law
Why did the state seek to repeal that compact? (US Trust Co v NJ)
There was a national energy crisis, so the states repealed the compact to allow toll funds to be used to subsidize rail service They hoped the new use of the toll funds would help improve the mass transit system and discourage automobile use
Why does the court rule that the original land sale had been valid?(Fletcher v Peck)
There was no evidence that purchaser engaged in fraud to acquire property. The purchase price was paid and title transferred legitimately. Therefore, the property rights of the purchaser remain secure.
Was the grant of charter for the lottery a contract? (Stone v Mississippi)
While it may have been a contract when the charter was adopted, the acceptance of such a charter carried implied understanding that later legislation could outlaw the practice
Does the court consider a law creating a contract for the sale of land to be within the power of a state legislature?(Fletcher v Peck)
Yes, both land distribution and sale fall under the powers of the state
Is the Dartmouth charter a contract subject to contract clause protection? Why/why not? (Dartmouth v Woodward)
Yes, contract clause applies to private institutions and charter qualifies as a contract
substantive due process (DeShaney v Winnebago)
[This] is the idea derived from the 5th and 14th amendments that life, liberty, and property carry with them certain unenumerated expectations or rights
What did the Minnesota law do? and why does it raise a constitutional issue?(Home Bldng & Loan Assn v Blaisdell)
allowed mortgagors to pay reduced rent The Constitution reads, "No state shall pass any law impairing the obligation of contracts."
How did the MN law alter the rights that existed under this plan? (Allied Structural Steel v Spannaus)
companies eliminating pensions or closing operations in MN are charged if full pensions are not provided to all employees serving 10+ years
What are punitive damages?
damages which are intended to punish the wrongdoer these are not allowed against the federal government
What argument is made by the dissenters in this case?(Home Bldng & Loan Assn v Blaisdell)
delaying the payment schedule is an alteration of a contract - the contract clause cannot mean something different than its original intent the contract clasue was created for times such as economic crises - was created to prevent alteration in terms of contracts that had the effect of postponing payments or cancelling debt - policy established by MN destroys the contract ights and substitutes different ones
What is an eleemosynary institution?(Dartmouth v Woodward)
eleemosynary institutions were covered by charitable immunity and were thus immune from tort liability
What constitutional charge/federal claim did Lewis file?
federal claim arguing a violation of Substantive Due Process - RIGHT TO LIFE by the 5th (the notes say 5th, but the actual court case says 14th) amend and Sacramento County Sheriffs department
Under what conditions could a law be upheld if it was seen to impair a contract? (US Trust Co v NJ)
if the impairment was seen as reasonable and necessary, it could be upheld... however, the claim of "necessary" was believed to NOT be met by the majority of the court.
What problem did the Mississippi charter run into a year after creating the society?
in 1868, a new constitution ratified by the people outlawed lotteries in the state
What is the MN Mortgage Moratorium Law of 1933? (Home Bldng & Loan Assn v Blaisdell)
it prevented mortgage holders from losing homes due to the inability to repay their mortgage
What was the purpose of the 1962 statutory covenant/compact?
it sought to protect port authority bond holders by stating that toll revenue could be used to pay bond debt but not to subsidize passenger rail service
Which type of alterations to a contract are subject to less protection under the contract clause?
minor alterations - lesser extent of social problem, limited nature of change and is temporary
How does the court distinguish between minor impairment of contracts and severe ones? (Allied Structural Steel v Spannaus)
minor alterations of contract are subject to less protection than severe ones
If Dartmouth's original charter had established it as a public institution, would the contract clause have protected it from being modified by the legislature? Why/Why not?(Dartmouth v Woodward)
no Legislatures are free to govern public institutions and offices without limit by the Contract Clause
Was the law considered valid? Why or why not? (US Trust Co v NJ)
no because it would impair the contract if completely repealed they decided that accomplishing the goal did not require total repeal of the compact (lesser modification would have been sufficient) and the state could have used other funds
What are the critical events in the case?(DeShaney v Winnebago)
parents divorced - custody awarded to father when DeSHANEY was 1 year old incident 1: father's 2nd wife filed complaint of abuse -- Social services interviewed father and did not pursue action after denial of accusation Incident 2: hospital notifies social services of injuries consistent with abuse -- Review determined INsufficient evidence of child abuse to take away custody -- Social Services make reccommendations to the father, but he does not comply Incident 3: emergency room report suspicious injuries -- Case worker was denied access to child on next two home visits Incident 4: Joshua beaten so badly that he fell into a coma -- Brain surgery revealed evidence of repeated brain injuries -- Permanent brain damage left Joshua profoundly mentally retarded
What are police powers? How are police powers different from property rights?(Stone v Mississippi)
police powers are the rights of a government to enact laws to coerce its citizenry for the public good Property rights define the theoretical and legal ownership of resources and how they can be used [These] are hard to define, but clearly include public health and morals; [they] are different from [blank] rights in that [they] are government rights that cannot be created by contracts
Which actors are not covered by substantive due process?(DeShaney v Winnebago)
private actors
In Allied Structural Steel v Spannaus, what type of alteration of contract is occurring? minor or severe
severe; $185,000
The contract clause is designed to protect against abuses by what actors?(Fletcher v Peck)
state government actors
What did the Mississippi legislature charter in 1867?
the Mississippi Agricultural, Educational, and Manufacturing Aid Society
According to the court, substantive due process protects from harm inflicted by what actors?(DeShaney v Winnebago)
the government
What implied understanding did the court claim that the aid society must have when entering into its contract? (Stone v Mississippi)
the legislature may not bargain away the police powers of the state That later legislation had the right to outlaw the practice once again
Who is William Woodward? and why is he being sued?
the secretary and treasurer of the college who had transferred to the new/PUBLIC university, taking with him the college's charter, records, and seal
What emergency prompted the MN Mortgage Moratorium Law? (Home Bldng & Loan Assn v Blaisdell)
there was an economic emergency the Great Depression
How/why was the NY Port authority formed? (US Trust Co v NJ)
to enhance water-bound business between NY and NJ It was given the full power and authority to purchase, construct, lease and/or operate any terminal or transportation facility within said district
What is identified as the purpose of the constitutional protection addressed in this case? (Sacramento v Lewis)
to protect against arbitrary action by the government
T/F - Nothing in the language of the Due Process Clause of the Fourteenth Amendment requires a state to protect the life, liberty, and property of its citizens against invasion by private actors.
true (DeShaney)
What vital interest does the court identify in this case?(Home Bldng & Loan Assn v Blaisdell)
vital community interests in times of crisis an economic crisis gives justification for using the reserved powers
Did the court believe that there was a valid contract in this case? (US Trust Co v NJ)
yes, a statute is itself treated as a contract when the language and circumstances evince a legislative intent to create private rights of a contractual nature enforceable against the state. the states received valid financing for acquisition of railroad in exchange for the promise of repaying bonds
Did the NH law impair the contract created by Dartmouth's charter? How? (Dartmouth v Woodward)
yes, the power of governing the institution is taken from trustees and placed under the power of the state government. This changes the nature of the governance model for institution. This will of state is substituted for the will of donors.
Was the contract impaired? If so, how? (US Trust Co v NJ)
yes; it was impaired when the states tried repealing the compact
What approach to constitutional construction is taken by the majority in this case? What do they say about original intent?(Home Bldng & Loan Assn v Blaisdell)
you do not have to try to construct the meaning of a constitutional provisiion when it is EXPLICIT Constitutional construction is REQUIRED when descriptions are GENERAL in nature the meaning must be constructed based on the whole experience of the nation, NOT only on the ORIGINAL INTENT
