David, a homosexual, wishes to study at Regent and is admitted. However, when Regent learns that David is a homosexual, they withdraw their acceptance.
Can David force Regent to admit him and/or to rent out student housing to him?
Is Regent’s tax exemption constitutional?
Texas provides free education
There is a state minimum funding provision
There is local tax funding as well
depending on the property tax.
Legal Issues:
1) Is education a fundamental right?
2) Is this funding mechanism a violation of the equal protection clause of the XIVth Amendment?<
Rules
3] Suspect class = discrete and insular minority subject to a history of unfair discrimination; politically powerless, isolated.
poor people are not a minority
discrimination against the poor is not necessarily irrational: they are poor due to lazy, or stupid, or both
*this issue was disposed of procedurally.
*poverty is not a suspect class
*neither is wealth
2) equal protection?
Is this law a rational means to a permissible end
1) Education is not a fundamental right
Rationales:
=================
Boumedien – Facts
is bosnian
prison at guantanamo
habeas corpus
Legal Issues
1) Does habeas corpus writ extend to Guantanmo
2) Does habeas extend to Boumedien, an unlawful enemy combatant?
a) Enemy combatants
b) Normal prisoners of war
c) Non-combatants
–can aliens, designated as alien combatants, file habeas?
*if we grant this right, what happens?
Rules:
1) Habeas Yes because the u.s. has de facto sovereignty over guantanamo
//*IF de facto sovereignty THEN habeas applies
*why? rationale:
-cited comparable cases
*Eisentraeger — German inmate demanded habeas rights
in Eisentraeger – was a prisoner in a U.S. prison camp in Germany – no habeas.
*Eisentraeger was a legal combatant, had geneva convention rights
*Boumedien
Habeas was an English right; but Hanover was ruled by England. So was India
Did habeas extend to India? To Hanover?
—The issue of whether you are or are not a combatant, and/or a legal combatant is not relevant to finding the existence of habeas
//eisentraeger had a trial
//boumedien had not yet had any trial.
????WTF//
The martial law: is it a rational law?
*
Does it invade a fundamental right?
*If the right is fundamental, i.e. essential to
Ordered Liberty,
then the non-citizen has that right
1) Life >
2) Liberty >
3) Property
Law denies boumedien’s liberty
Does Boumedien a non-citizen, have constitutional rights?
Yes, as to fundamental rights.
Territorial]
The U.S. constitution extends outside of u.s. territory proportionally to the u.s. actual control over the area.
Personal]
Non citizens have at least those constitutional rights which are fundamental.
Citizens constitutional rights overseas are conditioned on the exigencies of u.s. foreign policy
==============
HELLER
Facts
Cop wanted a gun license.
DC Said no.
Cop challenges constitutionality of law.
Issue = Question Presented:
Does the IId amendment protect an individual right to posess a firearm outside of military service?
Rule?
Yes.
Citizen may own a weapon for lawful purposes.
This right is not unlimited.
home defense is a lawful purpose.
Is this law
a rational means
to a permissibl end?
end (goal. Zweck) — safety
means – gun ban — seems rational.
does the law violate a fundamental right?
yes, the right to own a gun (2d amendment)
thus
strict scrutiny
the law must serve a compelling state interest
it must be a necessary means
there must be no less restrictive means
here there were less restrictive means, e.g. […background checks? ]
thus the law is unconstitutional.
Proportionality in U.S. Law =
Is this law
a rational means
to a permissible end?
If so then it is normally constitutional.
However, if
the law violate a fundamental right
or burdens a suspect class then
strictu sensu proportionality i.e.,
strict scrutiny:
the law must serve a compelling state interest
it must be a necessary means
there must be no less restrictive means
a suspect class is a discrete and insular minority subject to a history of irrational discrimination; they are politically powerless as a result.