Con Law Flashcards
10th Amendment (Police Power)
The 10th Am provides that the powers not delegated to the US by the Const nor prohibited by it to the States, are reserved to the states respectively, or to the people. While each state has a general police power, there is no federal police power. The federal government must legislate through one of its enumerated powers, whereas the states may regulate any health, safety, welfare, moral, or aesthetic interest through their respective police powers. The 10th amendment prohibits the fed gov’t from using an enumerated power to force a state leg to pass a law or a state exec official to administer a fed program through the anti-commandeering doctrine.
Spending Clause (State funding restrictions)
Congress has the power to lay and collect taxes to pay the debts and provide for the common defense and general welfare of the US. By exercising its spending power, Congress can require states to comply with specified conditions in order to qualify for fed funds. Congress may place a condition on the receipt of fed funds by a state if: (1) the spending serves the gen welfare; (2) the condition is unambiguous; (3) the condition relates to the fed program; (4) the state is not req to undertake unconstitutional action; and (5) the amount in question is not so great as to be considered coercive to the state’s acceptance.
1st A: Freedom of Religion
The 1st A provides that Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. The Establishment clause looks to maintain the separation of church and state, and prevents state actions that have an effect of advancing religion or favoring one religion over another
1st A: Establishment Clause
The standard applied under the Establishment Clause depends on whether the legislation is discriminatory or neutral on its face. Where a gov’t program prefers one religion or religious activity over other secular activities,, strict scrutiny applies. Where the legislation or gov’t program contains no religious preference, the SC will follow the 3-part Lemons test. 1) the statute must have a secular legislative purpose; 2) the principal or primary effect or purpose must neither advance nor inhibit religion; and 3) the statute must not foster an excessive government entanglement with religion.
11th A: Monetary Damages
The 11th A prohibits federal court adjudication of claims (monetary damages) by private parties against a state. But, a state may consent to suit in federal court if it clearly waives its 11th A immunity and does so expressly and unequivocally.
11th A: Private Party
The 11th A does not forbid private parties from suit to enjoin state officials from acting in violation of the plaintiff’s federal constitutional rights. Injunctive relief is okay under the 11th A.
Dormant Commerce Clause (focus on undue burden)
The Commerce Clause gives Congress the power to regulate interstate commerce. Where Congress has not enacted legislation, the states are free to regulate local transactions affecting interstate commerce, subject to the limitations imposed by the dormant Commerce Clause. A state law that discriminates against in-state and OOS economic actions on its face is subject to strict scrutiny. If a state law merely incidentally burdens interstate commerce, the court will apply a balancing test and the law will be upheld unless the burden imposed on interstate commerce clearly outweighs the local benefits.
traditionally, it is within the state’s police power to enact legislation for the protection of the health, safety, and welfare of its citizens. If a state regulation furthers no ostensible benefit and imposes a substantial burden on interstate commerce, it will likely be held unconstitutional.
