American Constitutionalism in Historical Perspective (packet)

CASES

1. 
   Railway Express v. NY, 1949: traffic statute prohibited all ads on trucks from other companies but allowed self-advertising. Allowed reg to stand b/c its purpose was to prevent traffic distraction. Jackson (concur) allows the reg to stand b/c it’s not a total prohibition on advertising. No invalidation of substantive state ends just need to pursue them fairly—d/n matter that other ways to achieve end. This is post-Lochner, the ct is in deferential mode b/c falls in economic and social domain.
   
2. 
   Exceptions to rational basis: Have higher standard of review b/c privacy issues—has elements of fundamental rts and suspectness respectively
   
   1. 
      Moreno (1973)p. 651: Unrelated ppl not being a household for food stamps struck down
      
   2. 
      Jimenez p. 652 (1974) struck down federal welfare program that denied disability benefits to some but not all illegitimate children born after the onset of their wage-earner parent’s disability.
      
3. 
   Retirement age: Murgia, Radley, Beezer: court upholds legislation forcing early retirement based on rational basis since age is not a suspect class. Law is not irrational, crude correlation w/ maturity and competence. Only deem wildly irrational (race, gender) classifications as suspect.
   
4. 
   U.S. v. Railroad Retirement Bd. v. Fritz, 1980: p. 655 upholds congressional law to cut off benefits to a union retirement fund to those not currently employed in the industry. System c/n support all the benefits, needed some cut-off device to det who gets double benefits & who w/n.
   
   1. 
      Rehnquist: very deferential: d/n have to look at what congress meant here or rev legislative history. Can ascribe a rational reason for passing this legislation (giving most recent workers these benefits is incentive for them to continue working there).
      
   2.