Zablocki v. Redhail, 434 U.S. 374 (1978)

Facts: Redhail, a Wisconsin resident, was denied a marriage license because of his failure to comply with a Wisconsin statute. However, under the statute, Redhail is unable to enter into a lawful marriage as long as he is unable to make child support payments. For two years, Redhail was unemployed and indigent. Issue: Whether a Wisconsin statute that requires a certain class of residents to obtain a court order granting permission to marry is unconstitutional. Procedural History: The US District Court held the statute unconstitutional under the Equal Protection Clause and enjoined its enforcement. Wisconsin’s argument: The statute was intended to establish a mechanism whereby persons with support obligations to children from prior marriages could be counseled before they entered into new marital relationship and incurred further support obligations. Holding: The statutory classification cannot be justified by the interests advanced in support of it. Affirmed. Reasoning: The right to marry is of fundamental importance for all individuals. Loving v. Virginia. Additionally, if the “right to procreate means anything at all, it must imply some right to enter the only relationship in which the State of Wisconsin allows sexual relations legally to take place.” Reasonable regulations that do not significantly interfere with decisions to enter into the marital relationship may legitimately be imposed. However, the Wisconsin statute clearly does interfere directly and substantially with the right to marry. Powell’s concurrence in the judgment: The majority sweeps too broadly in an area which traditionally has been subject to pervasive state regulation. Powell does not agree with the level of scrutiny and the lack of “any principled means for distinguishing between” regulations that “directly and substantially interfere” and “reasonable regulations that do not significantly interfere.” Powell advocates for an “intermediate scrutiny.” Stevens concurrence in the judgment: Also agrees that the Court could have ruled more narrowly. There is a difference between classifications based on marital stauts and those that determine who may lawfully marry. Laws prohibiting marriage to a child or a close relative also interfere directly and substantially with the right to marry. However, under the Wisconsin statute, a person’s economic status may determine his eligibility to enter into a lawful marriage – this is unconstitutional. Rehnquist’s dissent: Agrees with Powell’s reasons for rejecting the Court’s conclusion that marriage is the sort of “fundamental right” which must invariably trigger the strictest judicial scrutiny. Believes that under the Equal Protection Clause and...

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Loving v. Virginia, 388 U.S. 1 (1967)

Facts: Loving, a white man, and Jeter, a black woman were marriage in the District of Columbia. Shortly after their marriage, the Lovings returned to Virginia and established their home. Subsequently, a grand jury indicted the Lovings with violating Virginia’s ban on interracial marriage. The Lovings plead guilty to the charge and were sentenced to one year in jail; however, the trial judge suspended the sentence on the condition that the Lovings leave Virginia and not return together for 25 years. Virginia was one of 16 states at that time which prohibited and punished interracial marriages. Virginia argued that the statute did not constitute an invidious discrimination based upon race because it punished whites and blacks equally. Issue: Whether a Virginia statute which prevents marriage between persons on the basis of racial classification violates the Equal Protection Clause and Due Process Clause of the Fourteenth Amendment. Procedural History: The Supreme Court of Appeals of Virginia upheld the constitutionality of the antimiscegenation statute and affirmed the convicted. Holding: The Lovings’ convictions were reversed. Reasoning: The state is correct that marriage is a social relation subject to the State’s police power, however, powers are limited by the commands of the Fourteenth Amendment. Racial classifications are subjected to the “most rigid scrutiny” and there is no legitimate overriding purpose independent of invidious racial discrimination. Marriage is one of the “basic civil rights of man,” fundamental to our very existence and...

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State of Minnesota v. Clover Leaf Creamery Co. (1981)

Case Name: State of Minnesota v. Clover Leaf Creamery Co. (1981) Facts: Minnesota wanted to discourage the use of nonreturnable, nonrefillable containers for the packaging of milk to combat a solid waste management problem for the state. However, the statute banned the retail sale of milk in plastic but permitted other nonreturnable, nonrefillable containers such as paperboard. Procedural History: The lower court found that (contrary to the statement of purpose) the actual basis for the Act was to promote the economic interests of certain segments of the local dairy and pulpwood industries at the expense of the economic interests of other segments of the dairy and plastics industry. Holding: The Act is constitutional because the statue does not discriminate between interstate and intrastate commerce and the incidental burden imposed on interstate commerce is not “clearly excessive in relation to the putative local...

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Preamble

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. Article 1 Article 2 Article 3 Article 4 Article 5 Article 6 Article 7 Bill of Rights Later...

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Article 1

Section 1 All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Section 2 The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen. Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five and Georgia three. When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment. Section 3 The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote. Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year,...

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Article 2

Section 1 The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice-President chosen for the same Term, be elected, as follows: Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. The Electors shall meet in their respective States, and vote by Ballot for two persons, of whom one at least shall not lie an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately choose by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner choose the President. But in choosing the President, the Votes shall be taken by States, the Representation from each State having one Vote; a quorum for this Purpose shall consist of a Member or Members from two-thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall choose from them by Ballot the Vice-President. The Congress may determine the Time of choosing the Electors, and the Day...

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