Con LAw Flashcards
Fundamental rights (First VIP)
First Amendment freedoms Voting Interstate travel Privacy Marriage / family Parental rights Sexual acts Contraceptives (strict scrutiny)
The Younger abstention doctrine requires that a federal court abstain from issuing a declaratory judgment or injunction if doing so would interfere with a pending state criminal, or particular civil, proceeding that
(1) involves an important state interest and (2) provides an adequate opportunity to litigate federal issues.
Congress’s broad power to conduct investigations incident to its legislative power extends to
any matter within a “legitimate legislative sphere.”
Privileges or immunities*
Interference with rights of national citizenship
Equal protection
Discriminatory treatment of similarly situated people
Due process
Substantive – deprivation of life, liberty, or property without adequate justification
Procedural – deprivation of life, liberty, or property without adequate process
The due process clause of the Fifth Amendment requires that the federal government
give
individuals notice and a meaningful opportunity to be heard when depriving them of life, liberty, or property.
The U.S. Supreme Court can choose to review final state-court decisions by certiorari unless the decision rests on
adequate (state law fully resolves the matter) and independent (no federal precedent used) state grounds.
The commerce clause gives Congress broad regulatory authority over most activities involving two or more states. This includes the power to regulate:
the channels of interstate commerce (e.g., airports)
the instrumentalities of interstate commerce (e.g., planes)
people and things moving in interstate commerce (e.g., commercial shipments) and
in-state activities that, singly or in the aggregate, substantially affect interstate commerce (presumed when activity is economic in nature).
Discriminatory laws can be challenged under the equal protection clause. A law can intentionally discriminate:
on its face – the language of the law distinguishes between different classes (intent presumed)
in its application – a facially neutral law is purposefully applied differently to different classes or
in its motive – an otherwise neutral law was enacted to disproportionately impact a protected class.
- Discriminatory laws can be challenged under the equal protection clause and are generally subject to rational basis review, which requires that a law be rationally related to a legitimate government objective.
- But heightened scrutiny is used when a law substantially impacts a fundamental right or intentionally discriminates against a quasi-suspect or suspect class.
The Article IV, Section 2 privileges and immunities clause
prohibits
states from treating citizens of other states in a discriminatory manner by denying them a right of state citizenship.
But this clause does not prohibit states from discriminating against their own
citizens
Standing – P must have standing to sue in court.
Exists when:
1) P personally suffered an injury in fact (injured or
injury is imminent);
2) There is causation; AND
3) The injury is redressable by court order.
Full Faith & Credit – A judgment is entitled to full faith and credit when the:
1) Rendering court had jurisdiction (PJ + SMJ);
2) Case was decided on the merits; AND
3) Judgment was final.
Commerce Clause – Under the commerce clause,
Congress can regulate:
1) Channels of interstate commerce (highways,
phone lines)
2) People and instrumentalities of interstate
commerce (cars, airplanes, pilots);
3) Economic/commercial activity that has a
substantial effect on interstate commerce.
Strict Scrutiny → suspect class (race,
nationality, alienage classification under state
law) or infringes on a fundamental right.
a law will be upheld if it is necessary to achieve a compelling govt. interest
Govt. must show there are no less restrictive or burdensome means of achieving its goal
Courts look at the actual reason the law was enacted
Burden of proof — govt. bears the burden of proof
− Intermediate Scrutiny → quasi-suspect class
gender, non-marital child, undocumented alien
a law will be upheld if it is substantially related to an important govt. purpose
Govt. goal must be important; courts look at the actual reason the law was enacted
Burden of proof — govt. bears the burden of proof
− Rational Basis → all other classes.
a law will be upheld if it is rationally related to a legitimate govt. purpose
Any conceivable legitimate purpose suffices, regardless of the actual purpose of the law
A law will almost always be upheld under rational basis review unless it is completely irrational or arbitrary
Burden of proof — challenger bears the burden of proof
Establishment Clause –
Prohibits the govt. from
establishing a religion OR endorsing/supporting religion.
Laws that discriminate against a religion MUST satisfy
strict scrutiny → Govt. must show that:
1) the law is narrowly tailored,
2) to achieve a compelling govt. interest, AND
3) that the least restrictive means was used.
Content-Based Restrictions – Govt. regulations
regarding the content of speech (subject matter or
viewpoint) are subject to
− Strict Scrutiny → Govt. must show (1) the
regulation is narrowly tailored, (2) to achieve a
compelling govt. interest, AND (3) the least
restrictive means was used.
Content-Neutral Restrictions – Govt. MAY regulate the
time, place, and manner of content-neutral speech if it
satisfies
intermediate scrutiny.
− Intermediate Scrutiny → Govt. must show that
(1) the regulation is narrowly tailored, (2) to
achieve a significant government interest, AND
(3) it leaves open alternative channels of
communication.
Intrastate commerce — within states
Economic activities — Congress may regulate commercial or economic activities if there is a rational basis to conclude that the activity, in aggregate, substantially affects interstate commerce
Non-economic activities — Congress may only regulate non-economic activity if it has a direct, substantial economic effect on interstate commerce (tougher burden to satisfy)
Dormant Commerce Clause
Test — a state/local law regulating interstate commerce is invalid if it:
Discriminates against out-of-state competition,
Unduly burdens interstate commerce, or
Regulates wholly out-of-state activity
Article IV Privileges & Immunities Clause
Analysis — discriminatory state law will be invalid if it:
Relates to civil liberties or commercial activities; and
Is not necessary to achieve an important govt. interest
I.e., state law is intentionally protectionist in nature, there is no substantial justification for the discrimination, or less restrictive means are available
