Stateconlaw2026spring-materials

Two topics: Nondelegation Judicial deference A.L.A. Schechter Poultry Corp. v. United States 295 U.S. 495 (1935) Gundy v. United States 588 U.S. 128 (2019) But see Federal Communications Commission v.

Two topics: Nondelegation Judicial deference Nondelegation Guillou v. State of New Hampshire, Division of Motor Vehicles 503 A.2d 838 (N.H. 1986) “The director may order any driver’s license issued to any person under the provisions of this title to be suspended or revoked, after due hearing, for any cause which he may deem sufficient.

Search and Seizure Topics Probable cause Good faith exception Warrant requirement When is a search constitutional? A search is constitutional IF the police have a warrant AND the warrant is valid (probable cause)

Questions to guide us for search and seizure What is the nature of a right “against unreasonable searches and seizures”? How should that right be protected? If search warrants require probable cause, what is probable cause?

Racing Association of Central Iowa v. Fitzgerald 675 N.W.2d 1 (Iowa 2004) State v. Brown 930 N.W.2d 840 (Iowa 2019) Racing Association of Central Iowa v. Fitzgerald 675 N.W.2d 1 (Iowa 2004)

Equality Review Conceptions of Equality Equal treatment → Non-discrimination from the state Equal opportunity → Minimum state obligation to address existing inequality Equal outcome → State guarantee to fix existing inequality

Robinson Township, Washington County v. Commonwealth 83 A.3d 901 (Pa. 2013) “The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment.

What does “equality” mean? People being treated the same Similar access to opportunities “Substantive” equality Legal / Social / Economic / Political / Religious Question of equity? Never total equality How did state constitutional guarantees differ?

Arneson v. State 864 P.2d 1245 (Mont. 1993) Statute Can receive increase IF retired AND (retiree or beneficiary) is 55 or older IF not retired AND receiving disability or survivorship benefits

Standing Advisory Opinions Standing Gregory v. Shurtleff 299 P.3d 1098 (Utah 2013) Public-interest standing Appropriate party questions: Does party have interest necessary to assist court in reviewing legal and factual questions?