Amendments Analysis Flashcards
13th Amendment
When private individuals, not state actors, discriminate
14th Amendment
Due Process Clause - prohibits STATES(not federal government or private persons) from depriving any person of life, liberty, or property without due process and equal protection of the law
Incorporates bill of rights to the states
When first amendment or freedom of religion is not an answer
Commerce Clause
Congress can legislate interstate commerce
Source of congress power over civil rights
cannot be used by feds to push states into acting
Contract Clause
Where states revoke a contract
Dormant Commerce Clause
Inferred from Commerce Clause
Prohibits states from improperly burdening or discriminating against interstate commerce
Due Process Clause
Best choice for unconstitutional argument when:
- State Acts
- State doesn’t grant a hearing or invades privacy rights
Equal Protection Clause
Best option when state action interferes with a fundamental interest (e.g., right to vote or travel; or classifications by race , alienage , sex) .
General Welfare Power or Spending Power
Congress’ power to spend treasury funds, but not to regulate activity.
Best answer when voluntary cooperation by party with federal government is the ONLY way to reach result.
Police Power
Can be the answer only when state action v. federal action .
Privileges and Immunities Clause
Article IV – Bars states from discriminating against non–residents on fundamental matters , unless the regulat ion in question specifically targets a problem arising from such non–resident’s behavior.\n\nThe Privileges and Immunities Clause of the 14th Amendment is almost never a correct answer.
Supremacy Clause
Not a Congressional power.\nBest answer where there is a Congressional statute or provision conflicting with a state activity.
Taxing Power
Allowed for regulatory purposes if there is a revenue–raising function.\nBest answer if Commerce Clause isn’t available.
