Con Law Flashcards
Test for limiting a fundamental right
any statute that impairs a fundamental right must be narrowly tailored to further a compelling state interest
When can trials and pretrial proceedings be closed?
The Supreme Court has held, at least in the context of criminal cases, that trials and pretrial proceedings can be closed only if closure is necessary to preserve an overriding interest and the closure order is narrowly tailored to serve the overriding interest.
rational basis test
the challenger must show that the law has no rational basis, and the statute will be presumed constitutional unless a clear showing of arbitrariness and irrationality is made.
The Appointments Clause of the Constitution
permits Congress to vest appointments of inferior officers only in the President, the courts, or the heads of departments. Enforcement is an executive act; therefore, Congress cannot appoint members of a commission that exercises enforcement powers.
Standing
litigants must be real parties in interest who are actually injured by actions of the adverse party. The basic requirements for standing are:
(1) injury in fact, meaning the party must actually, directly, and personally injured some manner by the actions of the other party, and
(2) causation, which means the actual injury must, in fact, have been caused by the actions of the other party and judicial relief must prevent an ameliorate the actual injury
whether a private company can sue a state in federal court for damages.
The Eleventh Amendment prohibits federal courts from hearing most private actions against state governments. This prohibition includes actions in which the state is named as a party or in which the state will have to pay retroactive damages.
Congress can remove Eleventh Amendment immunity as to actions created under the Fourteenth Amendment.
whether a private company can sue a state official to enjoin enforcement of an unconstitutional state law
Although the Eleventh Amendment prohibits most private actions against state governments, private parties may bring actions to enjoin an officer from future conduct that violates the Constitution or federal law. This exception includes enjoining an appropriate state official from enforcing an unconstitutional state law.
whether the statute discriminates against interstate commerce.
State or local regulations that discriminate against interstate commerce to protect local economic interests are almost always invalid as violations of the negative implications of the Commerce Clause (or “Dormant Commerce Clause”). For a regulation to discriminate against interstate commerce, it must treat economic interests from within the state differently from economic interests from outside of the state.
whether the burden of the statute outweighs the promotion of a legitimate local interest
If a state law that treats local and out-of-state interests alike nonetheless burdens interstate commerce, it will be valid unless the burden outweighs the promotion of a legitimate local interest.
independent and adequate state ground
The Supreme Court may not review a decision by a state supreme court when that decision rests upon an independent and adequate state ground.
Intergovernmental immunity
State and local govs cannot tax or regulate the activities of the federal government
Presidential pardons
Under Article II, Section 2 of the Constitution, the President has the power to “grant reprieves and pardon offenses against the United States, except in cases of impeachments.”
limited to violations of federal law –> no authority to pardon those convicted of state crimes or held in state custody
14th Amendment Equal Protection Clause
prohibits states and subsidiary state govs and entities from treating similarly situated people in a dissimilar manner w/o adequate justification. This proscription generally does not apply to private action. However, there are some situations in which private action can constitute state action, and in such cases, the private actor’s action is subject to the Equal Protection Clause.
Private action will constitute state action when: (i) the private actor is performing a traditional and exclusive state function, or (ii) the state is significantly involved in the private action. Thus far, the Supreme Court has found only running a town or an election to be a traditional and exclusive public function. The Court has found significant state involvement when enforcement of the private action involves use of the courts (e.g., significant state involvement would be found if a court were to enforce a restrictive covenant or a peremptory challenge) or where private entities are entwined with government entities (e.g., a high school athletic association: (i) to which most schools in a state belong, (ii) made up mostly of state employees who meet during hours of their employment in school buildings, and (iii) funded by ticket receipts from the school sporting events). On the other hand, the Court has found that state regulation of an industry—even heavy regulation—does not make the industry’s action state action. Neither does licensing or providing essential services, such as police or fire protection. Indeed, the Court has found that regulation of a private school does not make the school’s action state action.
Intermediate Scrutiny (Equal Protection Clause)
Gender & illegitimacy
discrimination will be upheld only if the government can prove that the discrimination is substantially related to an important government interest. An exceedingly persuasive justification is needed. The interest must be genuine and not hypothesized for litigation, and the government may not rely on overbroad generalizations about males and females.
Strict scrutiny (Equal Protection Clause)
- fundamental rights when a class is involved
- alienage if a state is discriminating (unless public function - rational basis)
- race
the burden is on the gov to show the law is necessary for a compelling gov interest
The Court long ago decided that separate
but equal facilities were not valid under the Equal Protection Clause for race-based classifications.
Public function doctrine allows states to exclude noncitizens from certain gov jobs (public school teachers, police officers, etc.)
Obscenity
a description or depiction of sexual conduct that an average person would find:
(1) appeals to the purient interest in sex
(2) portrays sex in a patently offensive way, and
(3) doesn’t have any serious literary, artistic, political or scientific value
