Constitutional Law: Final Case Scenario

1023 Words Jan 31st, 2018 4 Pages
In West Coast Hotel (1937), Parrish sues for the difference between her wages and the minimum wage required by state law. The question was whether the minimum wage law violated the 5th Amendment. The court held the establishment of minimum wage constitutional. Parrish’s SDP, violated by the difference in her wage, was remedied by the minimum wage law. The law was fair. In our scenario, the law presented is not fair and does violate the liberty of property of the owners. Their SDP has been violated and their grievance was not remedied as was Parrish’s. One sees a similar scenario in Nollan, the question was whether the requirement to add an easement constituted a taking that was in violation of the 5th and 14th Amendments. The Court said yes. California could use eminent domain for a “legitimate interest” as long as, as Scalia pointed out, the state “provided just compensation to the beachfront property owners.” The Court created the essential nexus test of legitimate state interest. The ordinance in this scenario has a major issues related to substantive due process. The determination of a “legitimate interest” of the city can be questioned. The city argued that the inclusion of…
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