BAR: CON LAW Flashcards
Standards of Review
Strict Scrutiny
Intermediate Scrutiny
Rational Basis
Strict Scrutiny
Necessary to achieve a compelling government purpose (Burden on the gov’t)
Intermediate Scrutiny
Substantially related to an important government purpose (Burden on the gov’t)
Rational Basis
Rationally related to some legitimate government purpose (Burden on the Petitioner)
Standing
Article Three requires that a plaintiff have standing to sue before a constitutional challenge can be made
A plaintiff has standing if:
(1) Injury - The plaintiff must allege or prove that she was injured or imminently will be injured.
(2) Redressability - a court decision in plaintiff’s favor must be capable of eliminating the harm.
(3) Was caused by the act being challenged. Causation - there must be a causal connection between the injury and the state action
Organizational Standing
(1) there is injury to a member which gives them a right to sue on their own behalf ( i.e. member must have actually violated the statute)
(2) The injury is related to the organization’s purpose, and
(3) Participation of individual members of the organization is not required.
Third Party Standing
A claimant may have standing to assert the rights of a third party if:
(1) it is difficult for the third party to assert her or her own rights, or
(2) A special relationship exists between the claimant and the third party
Taxpayer Standing or Citizen Standing
A person does not have standing merely as a taxpayer or as a citizen of the US because their interest is too remote
Exceptions to Tax Payer Standing
(1) The constitutional challenge relates to a tax bill they paid under protest, or
(2) The constitutional challenge is based on the Establishment Clause of the First Amendment where the government exercised its spending power
