Con LAw

Question 1

Fundamental rights (First VIP)

Answer 1

First Amendment freedoms
Voting
Interstate travel
Privacy
Marriage / family
Parental rights
Sexual acts
Contraceptives
(strict scrutiny)

Question 2

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

Answer 2

(1) involves an important state interest and (2) provides an adequate opportunity to litigate federal issues.

Question 3

Congress’s broad power to conduct investigations incident to its legislative power extends to

Answer 3

any matter within a “legitimate legislative sphere.”

Question 4

Privileges or immunities*

Answer 4

Interference with rights of national citizenship

Question 5

Equal protection

Answer 5

Discriminatory treatment of similarly situated people

Question 6

Due process

Answer 6

Substantive – deprivation of life, liberty, or property without adequate justification

Procedural – deprivation of life, liberty, or property without adequate process

Question 7

The due process clause of the Fifth Amendment requires that the federal government
give

Answer 7

individuals notice and a meaningful opportunity to be heard when depriving them of life, liberty, or property.

Question 8

The U.S. Supreme Court can choose to review final state-court decisions by certiorari unless the decision rests on

Answer 8

adequate (state law fully resolves the matter) and independent (no federal precedent used) state grounds.

Question 9

The commerce clause gives Congress broad regulatory authority over most activities involving two or more states. This includes the power to regulate:

Answer 9

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).

Question 10

Discriminatory laws can be challenged under the equal protection clause. A law can intentionally discriminate:

Answer 10

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.

Question 11

The Article IV, Section 2 privileges and immunities clause

prohibits

Answer 11

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

Question 12

Standing – P must have standing to sue in court.

Exists when:

Answer 12

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.

Question 13

Full Faith & Credit – A judgment is entitled to full faith and credit when the:

Answer 13

1) Rendering court had jurisdiction (PJ + SMJ);
2) Case was decided on the merits; AND
3) Judgment was final.

Question 14

Commerce Clause – Under the commerce clause,

Congress can regulate:

Answer 14

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.

Question 15

Strict Scrutiny → suspect class (race,
nationality, alienage classification under state
law) or infringes on a fundamental right.

Answer 15

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

Question 16

− Intermediate Scrutiny → quasi-suspect class

gender, non-marital child, undocumented alien

Answer 16

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

Question 17

− Rational Basis → all other classes.

Answer 17

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

Question 18

Establishment Clause –

Answer 18

Prohibits the govt. from

establishing a religion OR endorsing/supporting religion.

Question 19

Laws that discriminate against a religion MUST satisfy

strict scrutiny → Govt. must show that:

Answer 19

1) the law is narrowly tailored,
2) to achieve a compelling govt. interest, AND
3) that the least restrictive means was used.

Question 20

Content-Based Restrictions – Govt. regulations
regarding the content of speech (subject matter or
viewpoint) are subject to

Answer 20

− 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.

Question 21

Content-Neutral Restrictions – Govt. MAY regulate the
time, place, and manner of content-neutral speech if it
satisfies

Answer 21

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.

Question 22

Intrastate commerce — within states

Answer 22

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)

Question 23

Dormant Commerce Clause

Test — a state/local law regulating interstate commerce is invalid if it:

Answer 23

Discriminates against out-of-state competition,
Unduly burdens interstate commerce, or
Regulates wholly out-of-state activity

Question 24

Article IV Privileges & Immunities Clause

Analysis — discriminatory state law will be invalid if it:

Answer 24

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

Question 25

State Taxation of Interstate Commerce

Analysis — does the tax discriminate against interstate commerce?

Answer 25

Yes — invalid; violates Dormant Commerce Clause
No — does the burden placed on interstate commerce outweigh its benefits to the state?

Three requirements:

Substantial nexus — tax must have a substantial nexus to the taxing state (i.e., item taxed is based on significant in-state activity)

Fair apportionment — tax must be fairly apportioned, (i.e., state can only tax the portion of the activity connected to the state)

Fair relationship — tax must be fairly related to services or benefits provided by the state (i.e., tax must be fairly related to some govt. service or benefit)

Question 26

The First Amendment protects political speech, which includes campaign contributions and expenditures. A law that restricts campaign contributions is unconstitutional unless:

Answer 26

The government satisfies intermediate scrutiny by showing that the law is closely drawn to serve (ie, substantially related to) an important government interest.

Question 27

Under the elections clause, state legislatures have the power to enact laws that regulate the time, place, and manner of congressional elections (e.g., by establishing voting sites).

Answer 27

But the clause also grants Congress the power to override those state laws by supplanting them with federal law.

Question 28

State electoral regulations must comply with the First Amendment freedom of association (applicable through the Fourteenth Amendment) and Fourteenth Amendment equal protection clauses.

Answer 28

The standard for reviewing such regulations depends on whether the burden imposed is ordinary (rational basis) or severe (strict scrutiny).

Question 29

To determine if Congress can regulate an activity, courts consider whether

Answer 29

(1) the activity is economic in nature, (2) the regulation contains a jurisdictional element, (3) Congress made express findings on the activity’s effect on interstate commerce, and (4) there is a strong link between the activity and that effect.