Administrative Law-It's the Law
Your constitutional rights can be restricted to some extent by state or local laws.
For instance, people have a constitutional right to peaceably assemble, but for purposes of maintaining public order, the government may require that you obtain a permit to conduct that peaceable assembly on public property. Simply because you want to peaceably assemble by calling a demonstration on Fifth Avenue in Manhattan does not mean that you have an absolute right to do that during the middle of rush hour. In that sense, your constitutional rights can be restricted to some extent by state or local laws.
In looking at a legal issue or question, the general checklist of things that you would want to ask yourself are the following.
o Is there some constitutional provision that may be involved?
o Is there any statutory law that may be controlling?
o Is there any case law dealing with this issue, and if so, what court am I going to look at in terms of determining the source of that case law? (If the issue is one that involves provisions of the U.S. Constitution, then the U.S. Supreme Court is the ultimate decisionmaker in those questions. Look at case law from that court, as well as case law from any of the lower federal courts. If the issue is simply one involving state statutory law, look at case law from the highest court of that state.)
o Are there any administrative rules or regulations that may be applicable?
For instance, people have a constitutional right to peaceably assemble, but for purposes of maintaining public order, the government may require that you obtain a permit to conduct that peaceable assembly on public property. Simply because you want to peaceably assemble by calling a demonstration on Fifth Avenue in Manhattan does not mean that you have an absolute right to do that during the middle of rush hour. In that sense, your constitutional rights can be restricted to some extent by state or local laws.
In looking at a legal issue or question, the general checklist of things that you would want to ask yourself are the following.
o Is there some constitutional provision that may be involved?
o Is there any statutory law that may be controlling?
o Is there any case law dealing with this issue, and if so, what court am I going to look at in terms of determining the source of that case law? (If the issue is one that involves provisions of the U.S. Constitution, then the U.S. Supreme Court is the ultimate decisionmaker in those questions. Look at case law from that court, as well as case law from any of the lower federal courts. If the issue is simply one involving state statutory law, look at case law from the highest court of that state.)
o Are there any administrative rules or regulations that may be applicable?
