CON LAW

Question 1

Conditional Funding Standards

Answer 1

Conditions on funds allowed if (guruu)
1. Spending is for general welfare
2. Condition imposed unambiguously
3. Condition must be related to government interest
4. Condition cann induce unconstitutional activity
5. Condition cannot be unduly coercive (10% of state budget)

Question 2

Privileges and Immunities Clause (Comity Clause)

Answer 2

No state may deprive another state of the privileges and immunities it accords its own citizens

1. Discrimination against out of state citizen? if yes
2. Does it impact fundamental right/essential activity (Rec. Activity regulations permitted; private employment typical issue)
3. Does a substantial reason justify discrimination?
   - non-resident caused the problem
   - Discrimination is substantially related to tha tproblem

Question 3

State taxation of Commerce

Answer 3

If Congress has not already acted in the area, a state may tax interstate commerce if it is nondiscriminatory and does not place an undue burden on interstate commerce. Four part test (sub-fair-fair-non)
1. substantial nexus between activity taxed and taxing state
2. Fair apportionment such that interstate commerce does not pay total taxes greater than local commerce
3. Nondiscrimination no direct commercial advantage to local business over interstate competitors
4. Fair Relationship: Tax must be fairly related to services provided by taxing state

Question 4

Dormant Commerce Clause

Answer 4

In absence of Federal Regulation, states can regulate interstate commerce so long as the regulation does not
1. Discriminate against out of state commerce.
It will be upheld if 1) important local interests served and 2) no other nondiscriminatory mean available (rare)

• Market-participant exception
• Traditional public function

2. Unduly Burden Interstate Commerce
   - Balancing test: benefits grossly outweighed by burden on commerce
3. Regulate wholly out of state activities

Question 5

Per Se Taking

Answer 5

1. Permanent occupation of land
2. Regulation results in permanent total los of the property’s economic value

Question 6

Penn Central Takings Test

Answer 6

Balance
1) economic impact to property owner
2) interference with reasonable, investment-backed expectations
3) Character of regulation
- Benefit to society
- distribution of benefits/burdens among property owners
- Violates essential attributes of ownership

Question 7

Exactions (Conditions on approval of permit)

Answer 7

Generally not taking if
1. Essential Nexus between state interests and permit conditions
2. Government makes an individualized determination that the condition is roughly proportional to advancing the state interest

Question 8

Amortization Provisions

Answer 8

Requires terminatino of nonconforming use after a specified time. Will be upheld so long as reasonable

Question 9

Spot Zoning

Answer 9

Small area of land is zoned differently than surrounding areas of land for benefit of small group of landowners

Upheld if reasonable basis, considering
1) size of specific area of land
2) Whether zoning is arbitrary or compatible with an existing comprehensive zoning plan
3) Benefits and determintes to specific land owners, surrounding land owners, and community

Question 10

Vested Rights Doctrine

Answer 10

Protects landowners from subsequent changes in zoning if
1) Substantial construction has begun
2) substantial expenditures have been made in reliance on a valid permit

Genrally, no construction, no vested right

Question 11

When do “At-Will” government employees have a property interest in continued employment

Answer 11

1) Assurances given
2) K provides specific reason for termination
3) Termination violates U.S. Constiution (1stA rights)

Question 12

Mathew v. Eldridge Factors

Answer 12

Used to determine whether process was sufficient. Courts balance
1) Importance of private interest affected
2) Government’s interest (costs/burdens associated with more procedure and governments objectives in the deprivation
3) risk of erroneous deprivaiton and value of any further procedurral safeguards

Question 13

When are Prior Restraints Valid

Answer 13

1) Prevents public harm
2) specific, articulated standards used to grant licenses and remove discretion from licensing body
3) Sufficient procedural safeguars

Unfettered discretion typically always void

Question 14

Expressive Conduct Regulations

Answer 14

Allowed if
1) Government n has important purpose and 2) restriction is narrowly tailored to serve that purpose

Question 15

When can truthful, non-misleading commercial speech be regulated?

Answer 15

Regulation
1) directly advances a substantial government interest
2) is reasonably tailored to serve that interest

Question 16

Content Neutral Regulation in a Public Forum

Answer 16

Public Forum:
1) Traditional (sidewalks, parks)
2) Designated: not historically used for speech but which government has opened for such use

In both forums, restrictions must be
1) content neutral as to subject and viewpoint
2) Narrowly tailored to serve a significant government interest
3) Leave open alternative channels for communications

Question 17

Establishment Clause

Answer 17

Prohibits government from establishing a religion or endorsing/supporting/preferring a particular religion/non-religion over another religion/non-religion

Facially religious preference=strict scruitiny

Non-Facially religious preference=Valid unless it violates historical practices and understandings of the establishment clause

Question 18

Free Exercise Clause

Answer 18

1stA prohibits state action that interferes with the free exercise of religion

1) Sincere Religious belief=absolute protection
- Gove may inquire into sincerity, but not reasonableness

2) Religious Conduct=Not absolute
-Regulation intentionally targets religious conduct=SS
-General applicability w/ incidental effect=RB

Question 19

Standards of Scruitiny

Answer 19

Strict Scrutiny=Necessary to achieve compelling government interest

Intermediate Scrutiny= substantially related to important gov. interest

Rational Basis=rationally related to legitimate gov. interest

Question 20

Organizational Standing

Answer 20

Org may bring an action when it has suffered an injury or on behalf of members if
1) members would have standing to sue
2) Interest at state are germane to the orgs purpose
3) Individual members not required to hear claim

Question 21

3rd Party Standing

Answer 21

Not allowed unless
1) 3rd party is unable to assert their rights
2) special relatioship between plaintiff and 3rd party
3) injury to plaintiff affects the relationship with the 3rd party

Question 22

Moot

Answer 22

A case has become moot if there is no longer a live controversy

Exceptions
1) Voluntary cessation
2) capable of repetition yet evading review
3) Class Action

Question 23

Penn Central: Character of the Regulation Prong

Answer 23

1. Benefit to Society
2. Distribution of burden/benefit among similar property owners
3. Violates essential attributes of ownership