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IN ConLaw

What are inherent rights? Article I Expresses the "natural law" background of the IN Con. Limits on state regulatory power. Interpreteto provide arbitrary exercises of regulatory authority an to protect the right to pursue lawful vocations
Article I 2-8 Reglious Freedom establishes clearer separation of church and state. Protects corporate right to worship and may preclude eminent domain takings if a church can show burden on members' right to worship
Article 1, 9 Free Speech and Expression -political speech must be shown harmful to individuals before regulated -regulation of non-political speech is subject to rational basis analysis -no recognition of group libel, actual malice standard in matters of public concern
Article I II Unreasonable Searches - reasonableness of official behavior - not privacy -occasionally signficantly different outcomes than federal 4th amendment -reasonableness = balances degree of intrusion vs. state's evidence -upheld random roadblocks and drug testing in school
Article I 12 Due Course of Law -generally parallels federal due process -separate state due process to judicial review -open provisions civil cases only -right to speedy trial in civil cases only -does not preclude legislative alteration -forbids procedural barriers
Article I 13 Confrontation and Right to be Heard -more specific than federal couterpart -precludes certain use of videotaped testimony in criminal trials -explicit right trumps state alibi statute - -precludes alibi testimony if no notice -arrestee has right to know if a lawyer is seeking contact
Article I 14 Self-Incrimination and Double Jeopardy -waiver of privlege against self-incrimation proved beyond a reasonable doubt -different standard for double jeopardy with multiple punishments -application of "same elements" and "same evidence" tests,- one element AND piece of evidence must differ
Article I 19 Jury Determines Law and Facts -juries may not ignore the law as instructed by trial court
Article I 20 Trial by Jury -trial by jury in civil cases -only actions triable by jury at common law- not equitable actions -right to parties to be physically present at trial in all cases
Article I 21 Just Compensation -not just for property but also for certain services rendered -limited to services historically compensated and not demanded from all citizens -payment but be offset by benefit
Article I 23 Equal Privileges and Immunities -no separate levels of scrutiny based on right affected or nature of group involved -state laws that classify only have to be reasonablly related to inherent characteristics -preference uniformly applied -more forgiving than federal
Artile 1 32 Right to Bear Arms -subject to reasonable regulation -can't be unreasonably denied
Article 4 19 Single Subject Matter -restricts content to a single subject matter -Supreme Court has not enforced provision for procedural or separation of powers reasons
Article 4 22 and 23 General and Specific Laws -preference that all laws be general -3 step analysis --1) law is actually special in operation? --2) subject matter falls within 16 catergories in section 22 --3) do special circumstances unique to the location justify a special law?
Article 10 1 Uniform Property Taxation -invalidating Indiana's property tax assessment rule -assess based on objective evidence of property wealth
II Constituational Analysis -Chief Justice Randall T. Shephard - call to reexamine IN Bill of Rights as a source of protection for liberty -analysis begins with understanding of language of text and its history and case law -core value analysis -Jacksonian democracy -
III Damages -with exception of takings clause, does not create rights of action for damages -plantiffs may seek damages for constitutional violations using procedures already established
Section I: Inherent and Inalienable Rights -right to pursue a lawful occupation. -doubt on viability as a source for economic rights -right to refuse unwanted medical treatment -prevent arbitrary and unreasonable exercise of police power
Section 2: Natural Right to Worship -used to invalidate a law required photograph on driver's license. --supported decision that invalidated taking or religious property remanded for trial
Section 3: Freedom of Religious Opinions an Rights of Conscience -no law shall interfere with enjoyment of religious opinions or interfere with rights of conscience
Section 4: Freedom of Religion -courts used to invalidate a township's practice of providing shelter for homeless by reimbursing private religious shelters that required attendance at religious services -upheld statute that enhanced penalty for burglary committed in place of worship
Section 5: Religious Test for Office -does not preclude questioning potential jurors as to their beliefs and the death penalty
Section 6: Public Money for Benefit of Religious or Theological Institutions -invalidating giving money to homeless shelters that require religious attendance -des not invalidate a state program allowing public school teachers to teach secular subjects in private religious schools
Section 7: Witness Competent Regardless of Religious Opinions -religion can not make someone incompetant as a witness
Section 8: Oath or Affirmation, Administration -mode of administering an oath is consistent or binding on the person to whom it is administers
Section 9: Right to Free Thought, Speech, Writing and Printing -1)did the state action restrict an individual's experssive activity 2)was that an abuse of the right to speak 3)the legislature can punish an abuse of the right. -if speech is political, can only be restricted if shows harm
Price v. State article 9 prevented state from punishing political speech under unreasonable noise/disorderly conduct unless it inflicted harm on identified parties which sustains tort liability
Price Court -state can punish abuse of speech right, state may not materially burden political speech -in Price the speech protesting police conduct did not rise above the level of a fleeting annoyance-
Right to Free speech (cont.) -speech impedes jobs or public safery = punishment -federal overbreadth analysis doesn't apply to IN constitutional jurisprudice -can't impose prior restraints on speech at preliminary injunction stage -speech defamatory = damages, not prior restraint
Right to free speech (cont.) -malice standard of proof applies to all people -where defamatory speech is from anonmyouse speaker, prima facie evidence of actual malice is not required
Section 10: Truth in Proscecutions for Libel -strong policy against civil liability based on truth defamation -no tort recognition for invasion of privacy based on public disclosure of private facts
Section 11: Unreasonable Search or Seizure; Warrent -different than 4th amendment -focus = reasonableness of law enforcement conduct -examining reasonableness = examinating totality of circumstances (degree of intrusion. basis of search) -exigent circumstances exception does not apply
Unreasonable Search of Seizure (cont). -strong preference for warrent -exclusionary principles are stronger than under federal constitution
Section 12: Courts Open: Remedy by Due Course of Law -guarantee of fair procedure -due process clause -right to pursue legal remedy for any legal right -General Assembly can still alter/abolish portions of common law -only applies to civil proceedings
Open Remedy cont. -can be obtained through judicial review of administative proceeding when admistrative remedy -Most challenges of Indiana's Medical Malpractice Act under this law have failed -caps on medical malpractice do not violate -medical review panel first is ok
Remedy by Law (Medical Malpractice) -statue of limitations in medical malpractice Act was unconstutional as applied under 12 when plantiff not know the extent of the injury within the limitations. -however if plantiff discovered injury before limitations does not apply if they wait.
Remedy by Law -products liability statute is not unconstitutional if it bars claims that were allowable prior to 10 year expiration of product delivary -special statute of repose and statute of limitations governing asbestos related torts did not violate section 12
Remedy by Law -procedures for judicially reviewing administrative decisions = opportunity to be heard -individuals have constitutional right to remedy for injury to reputation (not unlimited)
Remedy by Law -6th amendment right to speedy trial has been applied to IN guarantee. -speedy justice does not apply before arrest unless restraints on liberty exist -delays in filing criminal charges are not actionable -applies to civil context as well
Remedy by Law -Open Access and Free Justice: -appellant entitled to appeal, he is not entitles to a transcript at public expense -first he has to show that appeal could be done through a statement of evidence
Remedy by Law -Three Strikes Law violates Open Courts Clause -individual assessment of each case -husband appealing marriage dissolution decree when state failed to hear evidence concerning abuse - case remaned for new hearing
Section 13: Rights of Accused in Criminal Prosecutions -parallels the federal constitution in guaranteeing criminal defendents the right to a public trial, impartial jury, counsel and to confront witnesses
Rights of accused (cont) -Right of Confrontation- IN court invalidated an IN statute that allowed children to testify via videotape in molestation cases -videotaped testimony is only allowed when the defendent and accuser have opportunity to eyeball one another -may be waived
Right of accused (cont) -Right to be Present -Right to be Heard- presentation of only the accused's own alibi testimony -Location of Trial (county in which crime took place) -Right to Counsel (denial of a requent for a 2nd attorney after 1st withdrew violates this)
Section 14: Double Jeopardy and Self-Incrimination -identical to federal -stricter standard --with respect to statuatory elements of crimes or actual evidence used to convict if the essential elements of one offense also establish the essential elements of another challenged offense.
Double Jeapardy (cont.) -differs from federal double jurisprudence which has nothing to do with evidence presented at trial -"same elements" test if each crime he is convicted of requires proof of at least 1 fact that does not need to be proved for conviction of other crime
Double Jeopardy (cont) -multiple convinctions for posession of child porn and child exploitation by disseminating child porn does not violate double jeopardy. -each image is its own conviction
Double Jeopardy (cont) Self-Incrimination: largly parallel's 5th amendment -state must prove a waiver of the privlege against self-incrimination beyond a reasonable doubt before confession can be admitted
Section 15: Persons Arrested or Confined: Treatment -inadequacy for rehabilitation for juvenile held in adult prison did not rise to level of unconstitutional incarceration with uncessary rigor -only when prisinors are tortured or beaten -theory (no decision) this applies to pretrial detainees
Section 16: Excessive Bail or Fines and Cruel or Unusual Punishment -does not preclude capital punishment -punishment vioalated 16 if it "purposeless and needless imposition of pain and suffering" -does not entitle a convicted person to one particular penal institution
Excessive Bail, Unusual Punishment (cont) -Proprotionality Requiremenet - goes beyond protection in 8th amendment -penalty is proportioned to nature of the offense -considers prior offenses -appelate court reviews cases to increase uniformity and proprtionality
Section 17: Right to Bail and Unbailable Offenses -offenses other than murder and treason shall be bailable by sufficient surities. Murder or treason is not bailable is proof is evident or presumption is strong
Section 18: Penal Code Founded on Reformation -judge must evaluate the sentencing report of probation officer to ensure no vindictiveness -does not convey an individual right to any criminal defendent -when an individual successfully appeals conviction - prosectuor can't increase charge on retrial
Section 19: Right of Jury to Determine Law and Facts in Criminal Cases -jury shall consier law in light of instructions provided by judge -juries must decide whether to convict defendents of habitual sentencing -jury must conclude that prior convictions were proven AND convict defendent as habitual offender
Section 20: Trial by Jury in Civil Cases -only civil cases not cases that are equitable -no right to jury trial for worker's compensation claims at common law. Worker's Compensation Board has exclusive jurisdiction -near absolute-right to be present..but not for incarcerated persons
Section 21: Right to Compensation for Services or Property -generally parallels federal law -property taken only for public use and with just compensation -courts have taking a deferential approach regarding regulatory takings
Right to Compensation (cont.) -particular services = historically been compensated and required only of a particular group Jury is not a particular service (all people) -institutionalized = not compensated as not historical -services provided by lawyer = particular services
Right to compensation -providers of transportation to Medicaid recipients must show that they performed particuar service on state's demand -because state agency requested rather than demanded services, lower wages for it is not unconstitutional "taking" of property
Section 22: Privleges of Debtor; Imprisonment for Debt -no imprisonment for debt -parent may be imprisoned for nonpayment of child support even if obligation reduced to judgement (child support is not a debt)..once child is emancipated not imprisonment
Privileges of debtor (cont) -guidance in legislative establisment of exemptions of property from bankruptcy liquiation. -debtor retains sufficient property to enjoy "necessary comforts" (unconstitutional to exempt retirement funds)
Privileges of debtor -local small claims that permitted contempt to enforce a judgement to pay money violates 22 when the debt did not involve child support or fraud
Section 23 Equal Privileges -federal equal protection analysis does not govern 23 claims and that 23 claims does not recognize varing degrees of scrutiny for different protected groups or interests
Equal Privileges (cont) -unequal treatment reasonably related to inherent characteristics that distinguish unequally treated classes -preferential treatment be uniformly applicable to all persons similarly situated -classification schemes = valid -deference to leg. discretion
Equa Privileges (cont) -deferential approach in statutes and ordinaces that are rationally based -if action of legistlature was reasonable, not arbitrary and rested upon ground or difference having substantial relation to the objects of legislation
Equal Privileges (cont) read in book yourself on pages 21-22 in IN con law
Section 24: Ex Post Facto Laws and Impairing Contracts -both prohibitions of ex post facto laws and impairment of contracts appeal to parallel U.S. Constitution -statuatory amendment requiring sex offenders to register for a 2nd 10 year term for nonsexua offenses violates this
Section 25: Effect of Laws -governs legislative, not executive actions- thus Indiana Dept of Environmental Managements use of out of state enforcement action to deny permit does not implicate this.
Section 26: Suspension of Operation of Law -operation of laws can only be suspened by General Assembly
Section 27: Suspension of Habeas Corpus: Exemption -can only be suspended in case of rebellion or invasion and only if public safety demands it -exists independent of state habeas statute -legislature can regulate its use...can enlarge scope and privileges but can't impair them
Seaction 28: Treason Against State: Definition -levying war against it and giving aid and comfort to its enemies
Section 29: Treason Against State; Proof -no person shall be convicted exted on testimony of 2 witnesses to the same overt act or upon confession in open court
Section 30: Conviction, Effect No conviction shall work corruption of blood or forfeiture of estate
Section 31: Right to Assemble, To Instruct and To Petition -no law shall restain people from assembling together in peaceful manner, to consult for the common good not from instruction representatives, nor applying to GA for redress of grievances -no protection for associations of criminal conspiracy
Section 32: Bearing Arms -right subject to reasonable regulation (burden on defendent to prove he has a license) -as long a individual complies with regulation there is no right to deny an application -right to bear arms for their own defense and defense of the state
Section 33: Military Subordinate to Civil Power military is subordinate to civil power
Section 34: Quartering of Soldiers No soldier shall be quarted in any house without consent of owner in time of peace or war
Section 35: Titles of Nobility and Hereditory Disctinction GA does not grant titles
Section 36: Freedom of Emigration Emigration not prohibited
Section 37: Slavery and Involuntary Servitude no slvary or involuntary servitude except for punishment of convicted crimes
`Article II Suffrage and Election -elections must be free and equal -regular redistricting be done every 10 years, following federal census -must be 18, 30-day resident, no military, GA may disenfranchise those convicted of infamous crime
Suffrage and Election (2) -disqualified if degaulter on public monies forbids a person holding lucrative office or appointment under US from sitting in GA -no person may hold more than 1 office at same time
Article III -Distribution of Powers -no person charge with official duties under one department shall have duties under another (only state govt.)
Tucker v State -invalidated statutes that transferred Governor's executive powers to other elected officials -Govenor has all executive power
Distribution of Powers (cont) -state statute allowing local coordinating committee does not impose unconstitutional legislative restraint on judicial branch -does not supercede power of judiciary
Distribution of Powers (cont) -the city-county council and the mayor are allowed to make appointments to serve on a Public Defender Board. This does no co-mingle powers -legislature may give rule-making power to an agency as long as adequate, reasonable standards for authority
Distribution of Powers (cont). -Indiana Supreme Court can render advisory opinions. -state judiciary is less constrained regaring juridictional issues such as standing, mootness and ripeness -excessive formalism doesn't prevent judiciary involvement but judiciary must be circumspect
Distribution of Powers (cont) -public interest exception to mootness doctrine when the interests are of great public importance -article III forbids anyone with official duties in 1 dept. from exercising duties in another -legislature can't also be members of a state commission
Article IV Legislative 30 sections -Senate can't exceed 50 memebers -House can't exceed 100 members defines terms of office, salary, punishment for disorderly conduct, legislative procedures
Article IV Legislative Sections with most litigation involvec those forbidding hte GA from passing local or specific laws to certain groups and the requirement that laws be "general"
Legislative (cont) Cases decided under 22 and 23 have 3 step inquiry regarding validity of statutes 1) is a law "special" (does it only apply to 1 or two location) 2)does it fall into 1 of 16 categories..laws in these categories are invalid.
Legislative (cont) 16 categories in 22 that prohibit special legislation (1-6) | -punishment of crimes and misdemeanors -regulating practice of courts of justic -changing venue in civil and criminal cases -divorces -name-changing (people) -laying out, opening or working on highways. election of appointment of supervisors
Legistlative (cont). 16 categories that prohibit special laws (7-10) -vacating roads, towns, alleys, squares, etc. -summoning and empalling grand and petit juries and compensation of -regulating county and township business -regulating the election of county and townships officers and compensation
Legistlative (cont). 16 categories that prohibit special laws (11-13) -assessment and collection of taxes for state, county, township or road purposes -support of common schools or preservation of school funds -relating to fees or salaries, except in grading compensation of officers in regard to population and services
Legistlative (cont). 16 categories that prohibit special laws (14-16) -relating to interest on money -providing for opening and conducting elections of, designating voting places -providing for sale of real estate belonging to minors, or people with legal disabilities by executors, admin, guaridans or trustees.
Legistlative (cont) if 22 does not invalidate a statute a court applies 23, which states that all laws shall be general except where general laws can't be applies. Do special circumstances jusify the law? If so, the law passes
Legislative (cont). -in a case 2 justices held that an income tax statue that only applies to one county (based on population) is not unconstitutional because the legislature sought to address a local, specific problem (enviromental clean-up liability)
Legislative (cont) -there is a long standing practice of applying population paramaters to make a law specific - these do not immunize a law against special law analysis
Legislative (cont) -Indiana court upheld a law that applied to Riverboat gambling. It only applies to certain counties with a certain population. -it invalidated a statute containing a special annexation procedure for one count (designated by population)
Legislative (cont) -Court- a statute for setting up a special method for assessing property tax in 1 county violated 22.."was a special law providing for the assessment and collection of taxes." assessment not invalidated -the claim was barred by doctrine of latches.
Legistlative (cont) -statute aimed at one taxpayer may be a special law. cases involved a statute enacted to permit a fraternity to retroactively get tax exemption. Fit in no 22 category but invalid under 23 because of no special circumstances justified.
Legistlative (cont) -another case ruled that appropriations will seldom be special laws -SC is deferential when considerating if legislation appropriation violated 23. -appropriations made to some counties but not others does not violate 23
Legistlative (cont) -appropriations power is "unusually unsuitable" to judicial review -laws must be "confined to one subject and matters purposely connected therewith" -prevents "logrolling" -SC has not invalidated a law based on section 19 for decades
Article V Executive -powers of Gov, Liteutenant Gov, qualifications, terms of office, salary -SC upheld that an individual was eligible under residency requirements even though he had been employed at out of state law firm for 5 years section 17-Govenor has right to pardon
Executive (cont) -govenor can veto legislations. -veto can be overruled by majority in both Houses -SC upheld that a veto can occur after GA goes out of session if returned on same day. Once a bill is returned it remains up to and including next session day
Article VI (administrative) Indiana Constitution creates an Administrative branch of government -describes term of office for Secretary, Auditor and Treasurer of State..also deals with qualifications, residency requirements an terms of office -deals with impeachment
Administrative (cont) -one case notes that Governor holds all executive power and Administrative branch is is ministerial
Article VI Judicial -judicial power in Supreme Court, Court of Appeals, circuit courts an other courts -state court is not confined to cases or controversies -state courts take more flexible approach to jurisdictional issues like standing, mootness and ripness
Juicial (cont) -Supreme Court has original jurisdiction over matters involving admission to the practice of law, discipline, or disbarment of those admitted as well as the discipline, removal an retirement of justices and judges
Judicial (cont) -section 16 - elections and qualifications for prosecuting attourneys -section 17 allows GA to modify or abolish the grand jury system (making grand jury a legislative and not constitutional right) -criminal prosecutions need no grand jury indictment
Judicial (cont) -section 6. all cases have an absolute right to 1 appeal -applies to civil and criminal appeals -federal constitution requires only one trial -right was waived when a criminal escaped and was absent during trial and sentencing and no time appeal file.
Article VIII Education -duty of GA to provide a general and uniform system of common schools, free, open to all -ultimate duty on state -provisions deal with financing, including creation of common school fund and investement, reinvestment, and distribution of this fund.
Education (cont) -provides for establishment of a superintenent -SC upehld that activity fee violates that tuition be free and open to all. Any curricular activity mandated or permitted by state law must be tas finaced unless legislature says it is finaced through fees
Article IX (state institutions) -duty of GA to provide support for institutions that assist deaf, mute, blind, insance and corrections and reformation for junveille offenders -does not require that all juvenile offenders be housed in juvenille institutions
State institutions (cont) -SC upheld no mandatory duty to provide psychiatric residential treatment facities for all emotionally disturbed children...only required adequate care, not unlimited care
Article X (Finance -GA has power to tax property and income -no passing laws that authorize a debt be contracted except in certain enumerated instances -appropriations be made by law -statement of receipts and expenditures be published
Finance (cont) Property Tax -provides for a uniform and equal rate of property assesment and taxation. -assesment system need not be soley based on fair market value. -system assure that taxpayers have opportunity to challenge fairness of assesment. Must be based on objective data
Property Tax (cont) IN courts held that provisiion requires -uniformity and equality in assessments -uniformity and equality as to rate of taxation within a taxing district -just valuation for taxation of property
Property Tax cont. (excemptions) -exempt from taxation property used for municiple, educational, literary, scientific, religious or charitable purposes -2004 admend- exempts intangible personal property (stocks) certain tangible personal property, residential property occupied by owner
Property tax (cont) -SC says equality and uniformity provisions do not require absolute uniformity in matters of "tax policy" when tax code is being changed -abatement available to some taxpayers not need to be available to taxpayers with identical prop when phased out
Property Tax (cont). -approved structure of Health Care for Indigent tax against a challenge. HCI is funded by property tax. Tax rate varies based on each county's history of indigent health care costs -taxpayers challenged,. SC rejected. HCI Is hybrid of stat, fed, loc.
Property Tax (cont) -case challenging statute authorizing leasing IN Toll Road. Article X, section 2 says tat sale of state assets be used to pay state debt. State has NO debt. Debt by local govt and seperate corporate is not state debt
Article XI - Coroporations -provides for incorporation and regulation of banks -section 12 prohibits the State from pledging credit to aid any corporation -prevents state from being a partner in speculation -one case invalidated investment of Public Employee Retirement Fund
Article XII Militia -provides for creation and organization of Milita with Gov. as commander in chief. -persons conscientously opposed can't be force to serve
Article XIII Municipal Debt -no political or municipal corporation shall become indebted in excess of 2% of the taxable property except in cases of war or foreign invasion -more than 1 govt. unit in same territory and debt limitation applies separately to indebtness of each unit
Municipal Debt (cont) -several provisions right of legislature to create special taxing districts such as flood control districts, redevelopment districts, conservancy districts and sanitary districts for local public improvements. Obligations incurred are not debts.
Article XIV Boundaries -sets boundries of state -concurrent jurisdiction with KY over Ohio River, IL over Wabash River -state can't enforce concurent jurisdiction over riverboat gambling in KY portion of Ohio River - doesn't include state criminal jurisdiction
Article XV Miscellaneous -method of appointment of other officers not set forth in Constitution -offical oath taken by elected or appointed individuals -creation of state seal -preservation of Tippecanoe Battleground and State House and Military Park
Miscellaneous (cont) -most litigation was with prohibition of lotteries (repealed in 1988)
Article XIX Amendemnts -amendemnt must be enacted by majority of members of both houses and GA -after election takes place, both houses of GA must enact same language -amendment is placed before voters in general election. Must be approved by majority of those voting
Created by: AmeliaMarie