PA Constitutional Law

Question 1

Supremacy Clause

Answer 1

Federal law is supreme unless the state law grants GREATER protection

Question 2

Adequate and Independent State Grounds

Answer 2

US Supreme Court does not have jurisdiction to review decision by state supreme court that rests on adequate and independent state grounds.

Question 3

Right to Protect Reputation

Answer 3

Courts interpret similar to Due Process Clause

Expungement and Right to Lawful Occupation

Question 4

Expungement under Rights to Protect Reputation

Answer 4

person has right to expunge dismissed PFA proceeding

Question 5

Right to Lawful Occupation

Answer 5

courts review under rational basis standard

Question 6

Right to Free Speech

Answer 6

Speech on a private college campus when open to the public

Nude dancing - expressive conduct so protected under strict scrutiny

Question 7

General Assembly No Local Law restriction

Answer 7

General Assembly can pass no local law when general law can be passed

Question 8

Blue Laws

Answer 8

Unconstitutional under PA Constitution

prohibits certain business activity on Sunday

Question 9

One-member class laws

Answer 9

PA Constitution prohibits

General assembly prohibited from passing law that applies to class with only one member

Question 10

How to bring a PA Constitutional claim

Answer 10

Edmunds Factors

1. Provide test of PA Constitution
2. History of provision including relevant case law
3. Related case law from other states
4. Policy considerations