Constitutional Law: Justiciability
Baker, Thomas E.
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This 1981 article discusses principles of federal constitutional law. Professor Baker notes that the constitutional decisions of the courts of appeals will continue to increase in number and importance as the burgeoning federal caseload grows. Professor Baker analyzes how the Fifth Circuit dealt with constitutional principles in the year preceding the article. The article commences with a discussion of cases dealing with justiciability issues. The justiciability issues discussed include standing, mootness, advisory opinions, political questions, ripeness, and Eleventh Amendment issues. Next, Professor Baker discusses cases construing the Commerce Clause. Next, the article discusses cases dealing with due process issues, both substantive and procedural. After the due process section, the article discusses cases pertaining to First Amendment jurisprudence. In discussing First Amendment activity of citizens, the article examines the doctrines of overbreadth, vagueness, and least restrictive means. The article also discusses the First Amendment in the government employment setting before discussing the law of defamation, free association, and religious activity. Finally, the article includes a sample of Fifth Circuit cases where the claim involved a violation of the Equal Protection Clause. Professor Baker includes cases using the reasonableness standard as well as cases using the strict scrutiny standard.