CON LAW

Question 1

Who can regulate interstate commerce?

Answer 1

CONGRESS HAS THE POWER & STATES MAY REGULATE IN ABSENCE OF CONGRESSIONAL REGULATION

Question 2

HOW DO YOU DETERMINE IF STATE LAW IS CONSTITUTINAL UNDER REGULATION OF INTERSTATE COMMERCE?

DISCRIMINATORY?

NONDISCRIMINATORY?

Answer 2

Discriminatory = Usually unconstiutional & strict scrutiny

NONDISCRIMINATORY (SOME BURDEN ON IN STATE AND OUT OF STATE) - usually likely to be upheld and

Question 3

MARKET PARTICIPANT DOCTRINE

Answer 3

state is acting as a market participant or business rather than regulator = allowed to favor own residents

Question 4

What is required to sue under the 1st, 14th or 15th Amendment?

Answer 4

STATE ACTION

Question 5

Example of Private Action being State Action?

Answer 5

private actor performing traiditional and exclusive government function or closley controlled by the state

Question 6

EQUAL PROTECTION CLAUSE THREE STANDARDS

Answer 6

1. STRICT SCRUTINY - narrowly tailored (necessary) to achieve a compelling interest (racial, alieange)
2. INTERMEDIATE SCRUTINY - substantially related to important government interest (gender)
3. RATIONAL BASIS - PLAINTIFF must prove not rationally related to a legitimate government interest (ALL OTHER poverty, wealth, age, education etc.)

Question 7

FREEDOM OF SPEECH

Answer 7

government regulation of private speech

Question 8

CONTENT-BASED DISCRIMINATION

forbids communication about certain ideas or viewpoint based

Answer 8

strict scrutiny

Question 9

SYMBOLIC SPEECH

Answer 9

constitutional if it is narrowly trailored to an important government interest and is unrelated to supression of speech

Question 10

UNPROTECTED SPEECH

Answer 10

RATIONAL BASIS
* speech inciting immediate or lawless or violence behavior (“clear and present danger”)
* fighting words
* true threat or words as conduct
* obscene speech (patently offensive, lacks serious literary, artistic or political value)

Question 11

LESS-PROTECTED SPEECH

Answer 11

COMMERCIAL SPEECH

SEXUAL OR INDECENT SPEECH

TIME-PLACE-MANNER RESTRICTION

Question 12

COMMERCIAL SPEECH

Answer 12

1. speech must not be lawful and misleading
2. substantial government interest
3. directly advance interest
4. narrowly tailored

Question 13

sexual or indecent speech

Answer 13

law must serve a substantial government interest and leave alternative channels of communication

Question 14

Time-Place-Manner Restriction

PUBLIC?

NON PUBLIC?

Answer 14

PUBLIC (streets, sidewalks, parks) or a DESIGNATED PUBLIC FORUM (school open after hours) MUST BE CONTENT NEUTRAL, narrowly tailored to serve a gov interest and leave alternative channels of commmunication

NONPUBLIC? (airports, government workplace) VIEWPOINT NEUTRAL & reasonably related to legit interest

Question 15

Presumption againt Prior Restraint

Answer 15

stop speech before it happens

Question 16

Overbroad / Vague

Answer 16

unconstiutional

prohibits more than necessary

reasonable person could not tell what is prohibited by law

Question 17

EMINENT DOMAIN

Answer 17

neither federal government or state can take private property for public use without just compensation

5th amendment and applied to states via 14th

Question 18

“Public Use”

Answer 18

broad and include giving land to a private party for commercial development

Question 19

Taking?

Answer 19

physical or regulatory

regulation deprives an owner of all economically benefiical use of her property and destroys all reasonable expectations = taking