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Rather than applying a strict scrutiny test for a law that on its face is based on a suspect classification, the court applied a discriminatory intent test to determine whether the ordinance was actually based on a discriminatory intent which, in turn, would determine the constitutionality of the ordinance since the ordinance mentioned nothing about racial classifications.
The Treatise on Law (as part of the Summa Theologica) is divided into Articles (or broad topics) and Questions (or specific topics). The Questions each argue for a single thesis and defend it against objections. The division is as follows: [12] 1. IN GENERAL. Q. 90: Of the Essence of Law (the rationality, end, cause, and promulgation of law)
The fact that the ordinance was imposed indiscriminately does not save it from being unconstitutional. The case also established the preferred position doctrine, which states that "[f]reedom of press, freedom of speech, [and] freedom of religion are in a preferred position", indicating that certain fundamental human rights have prerogative.
A statute is a formal written enactment of a legislative body, [1] a stage in the process of legislation. Typically, statutes command or prohibit something, or declare policy . [ 1 ] Statutes are laws made by legislative bodies; they are distinguished from case law or precedent , which is decided by courts , regulations issued by government ...
In 2000, the city council passed an ordinance making firearm ownership mandatory. The mayor at the time encouraged this move because most citizens had already owned guns.
The court determined that the residual clause was unconstitutionally vague because of the combination of two factors: (1) it focused on the ordinary case of a felony, rather than statutory elements or the nature of the convicted's actions, leaving significant uncertainty about how to assess the risk posed by a crime; and (2) the clause does not ...
Stevens, writing for the majority, further investigated the Due Process issues of the ordinance. Firstly, the Court discussed the ordinance's failure to satisfy the fair notice requirement. Loitering under the ordinance's language was an act that could be used arbitrarily to identify community members by the police.
Jacksonville's ordinance at the time of the defendants' arrests and conviction was the following: [2] Rogues and vagabonds, or dissolute persons who go about begging, common gamblers, persons who use juggling or unlawful games or plays, common drunkards, common night walkers, thieves, pilferers or pickpockets, traders in stolen property, lewd, wanton and lascivious persons, keepers of gambling ...