CON Law Flashcards
11th Amendment
Citizens cannot sue a state
Except gov’t officials/city via consent or statute
Content-Based (message, subject, or ideas)
Necessary to achieve a compelling gov’t interest
SINGLING OUT ONE ☝🏼 (I.e., medical providers)
Spending
Spend for general welfare
Incentives require conditions - clear, related, UNCON, & not unduly COERCIVE
President must spend accordingly
Supremacy clause
Federal law preempts state law
(1) conflicts
(2) field
(3) substantially interferes
Unless consistent with fed statute & not interfere
Inadequate & State Grounds
No - correct/no issue to be resolved
Yes, reverse - incorrect/ inconsistent issue to be resolved
Art. III - Congress on SCOTUS
Original - not enlarge/restrict
Appellate - REGULATE & MAKE EXCEPTIONS
CANNOT INTERFERE W/ CON (Art. 3)
Cannot tell SCOTUS what to do
Burden
DUE PROCESS - P has burden
Sub. - property (public job, public school, welfare benefits, or legally entitled to receive)
Fund. - VIP
➡️ SS, everything else is RB
EQUAL Protection
SS - RAN (Gov’t burden)
IM - GI (Gov’t burden)
RB (P burden)
Dormant CC (discrim. + burden)
Discriminated against out-of-state
Not discriminating if both in & out of state
Okay if legitimate, non economic state/local interest & no reasonable alt. ➡️ burden
Content-based on property
Designated Public form (designated purpose) or Public forum (SS)
Non-Public (RB)
Privileges & immunities
Discriminated against out-of-state citizens
NOT IN STATE CITIZENS
Commerce clause
Channels (roads), instrumentalities (CARS), persons/things, & activities substantially affecting commerce (renting/$$$)
Commercial speech
Advances substantial gov’t interest & narrowly drawn
Unless MISLEADING/FALSE
DCC - State Tax
Sub. Nexus, fairly apportioned, non-discriminatory, & service/benefit
13th v 15th
13th - slavery
15th - voting rights for race/color
1st Amendment
Expression - speech
Association - group or org.
Press - truthful info - not shield reporters
Religion - free exercise (SS & RB) & establishment
