CON LAW Flashcards
1
Q
Standing
A
Plaintiff MUST establish direct personal stake in the outcome. show:
- injury in fact
- causation
- redressability = relief sought will resolve
2
Q
Commerce Power
A
can regulate:
- channels of interstate commerce (ex. roads)
- instrumentalities of interstate commerce (ex. cars)
- any activity which has substantial economic effect
- if interstate activity is economic = upheld if rational basis exists to conclude activity substantially affects interstate commerce
- if interstate activity is non economic = upheld if congressional finding that activity substantially affects interstate commerce
3
Q
dormant commerce clause
A
- state regulations on interstate commerce will be upheld if:
1. regulation is non-discriminatory
2. regulation does not unduly burden interstate commerce
4
Q
state action
A
- must be governmental conduct
- may apply to private conduct if state is significantly involved in the conduct of private party
5
Q
Equal Protection
A
which applies?:
- strict scrutiny
- gov must show law is necessary and compelling gov interest - intermediate scrutiny
- gov must show law is substantially related and important government interest - rational basis
- plaintiff must show law is not rationally related to any legitimate gov interest
6
Q
Alien discrimination
A
- state discrimination against aliens = apply strict scrutiny (exception = discrimination concerning self government)
- federal discrimination against aliens = apply rational basis test
7
Q
time/place/manner test
A
public forum regulation must:
- further important government interest
- be narrowly tailored
- leave open alternative channels of communication
Nonpublic/ limited public regulation must:
- be viewpoint neutral
- be reasonably related to legitimate government purpose
8
Q
Categories of unprotected speech
A
- speech advocating imminent lawlessness
- fighting words
- obscenity
- child porn
- false/deceptive advertising
- defamation
