Con Law

Question 1

If Congress regulates economic or commercial activiy

Answer 1

Court will uphold the regulation as long as there is a conceivable basis for concluding that the activity in aggregate substantially affects interstate commerce.

Question 2

If congress regulates non-economic activity

Answer 2

Court will uphold regulation if Congress made a factual finding that the activity regulated has a substantial economic effect on interstate commerce

Question 3

Commerce Caluse

Answer 3

Congress can regulate CIA: Channels, Instrumentalities, and Activities that have a substantial effect on interstate commerce.

Question 4

Test for Taxing and Spending regulation

Answer 4

Rational Basis

Question 5

Congress regulating economic INTRASTATE activities with substantial effect on INTERSTATE commerce

Answer 5

If economic activities, ok so long as there is a conceivable basis that in the aggregate the activity substantially affects interstate commerce

Question 6

Congress regulating non-economic INTRASTATE activities with substantial effect on INTERSTATE commerce

Answer 6

ok if Congress made factual finding that activity regulated has a substantial economic effect on interstate commerce

Question 7

Equal Protection

Answer 7

The Equal Protection Clause prohibits STATES from discriminating against persons on the basis of race, alienage, or national origin unless the discrimination is necessary to achieve a compelling state interest.
– action must be by the state.

Question 8

When does a private action constitute a state action

Answer 8

Private action may constitute state action where:

(1) the private actor is performing an exclusive state function or
(2) the government is significantly involved in the private actor’s activities.

EXCEPTION: 13th Amendment applies to government and private action

Question 9

Age Discrimination

Answer 9

Rational Basis – Challenger must show that the law is not rationally related to a legitimate government interest.

Question 10

Gender Discrimination

Answer 10

Intermediate – State bears burden with intermediate scrutiny to show that the law is substantially related to an important government interest

Question 11

Alienage Discrimination

Answer 11

“If Congress is discriminating against alien –> Rational Basis
If State discriminating against alien –> Strict Scrutiny
If State discriminating against alien in important government function –> Rational Basis”

Question 12

When can fed court review state court decision?

Answer 12

“Four requirements:

(1) final judgement
(2) must come from the highest state court
(3) there must be a substantial federal question raised
(4) the stae court’s decision did not rest on adequate or independent state grounds.”

Question 13

Standing

Answer 13

Standing requires: (1) injury in fact, (2) causation, (3) redressability

Question 14

Congress Regulating States through Spending Power

Answer 14

“Congress may regulate states through the spending power by imposing conditions on the grant of money to state governments so long as the conditions are:

(1) clearly stated,
(2) relate to the purpose of the program, and
(3) are not unduly coercive”