Con Law

Question 1

a taxing measure is valid if

Answer 1

Congress had the intent to raise revenue or if Congress has the power to regulate what is being taxed

Question 2

what is the best constitutional justification for Congress dispensing a large amount of money

Answer 2

Congress’ spending power is the best source of authority when Congress is spending for the general welfare

Question 3

money with strings attached from Congress are valid if

Answer 3

1- the restriction is clear
2- the restriction reasonably relates to the purpose of the program
3- the restriction is not unduly coercive

Question 4

the commerce clause gives Congress the power to regulate

Answer 4

1- channels of interstate commerce.
2- instrumentalities of commerce
3- commercial activities that have a substantial economic effect on interstate commerce
Commerce clause is very broad!!

cannot regulate noneconomic activity in a single state

Question 5

standing requirements

Answer 5

1- injury or threat of injury
2- causation
3- redressibility

Question 6

dormant commerce clause

Answer 6

a state enacts a law that affects interstate commerce and
- favors local business or discriminates against out of state businesses is invalid unless
1- the state is a market participant
2- the state reg is necessary to an important, noneconomic state interest

OR
- incidentally burdens businesses in other states is invalid if it imposes an undue burden
1- apply balancing test (benefits > burden -> upheld)

Question 7

what do the 14th amendment and 5th amendment apply to

Answer 7

14th- STATE cannot deprive a citizen o life, liberty, or property without due process of law
5th- FEDERAL gov cannot to that
same analysis under either provision

Question 8

procedural due process

Answer 8

relates to whether the steps that were followed in depriving a person of life, liberty, or property were fair
only exists when the unfair treatment was by a gov actor and to an individual person

Question 9

when is due process required in the context of a government job

Answer 9

• when there is guaranteed future employment
• NOT for at-will employees

Question 10

minimum process required for procedural due process

Answer 10

notice of the deprivation and an opportunity to be heard

Question 11

substantive due process

Answer 11

relates to whether laws or government action that impinge on or restrict liberty interests are FAIR

Question 12

fairness analysis under substantive due process

Answer 12

interest being impinged is a fundamental right: strict scrutiny

interest being impinged is NOT a fundamental right: rational basis standard

Question 13

fundamental rights

Answer 13

• freedom of speech
• right to privacy.
• right to travel
• right to vote

Question 14

most common application of substantive due process relates to what

Answer 14

the right to privacy
- right to raise and educate children
- right to procreate

Question 15

if the gov is treating everyone the same way but it’s an unfair way to treat people- equal protection or substantive due process claim?

Answer 15

substantive due process

Question 16

when to apply strict scrutiny

Answer 16

• if the discrim involves a fundamental right
• if the discrim is on the basis of a suspect classification

Question 17

suspect classifications

Answer 17

race
religion
national origin
alienage (states only)

Question 18

alienage classifications
- test for fed regulations
- test for state regs

Answer 18

• rational basis test
• strict scrutiny (unless the state requires US citizenship for function directly related to state gov in the democratic process, reg is subject to rational basis)

Question 19

what is alienage

Answer 19

discrimination based on citizenship status

Question 20

privileges or immunities clause

Answer 20

14th amendment
A state may not deny its citizens the privileges or immunities of citizens of the US

Question 21

intermediate scrutiny test

Answer 21

gov has the burden of proving the discrimination is substantially related to an important gov interest

Question 22

content based restriction

Answer 22

gov is restricting speech either bc of its subject matter or bc of the viewpoint of its speaker
strict scrutiny

Question 23

content neutral restriction

Answer 23

gov is restricting all speech, regardless of the speaker or subject matter
subject to intermediate scrutiny

Question 24

time, place, and manner restriction on speech in a public forum and designated public forum will be upheld if:

Answer 24

1- it is content neutral
2- narrowly tailored to serve an important gov interest and
3- it leaves open alternative channels of communication

ex: complete bans on leafleting will rarely pass the narrowly tailored test bc they don’t leave alternative channels of communication open
gov interest: controlling litter

Question 25

designated public forum

Answer 25

gov property not historically open for speech activities but are open for a particular time

Question 26

nonpublic forum

Answer 26

government property not historically open generally for speech and assembly and not held open for specific speech activities

can regulate speech to reserve the forum for its intended use

mayor’s offices, military bases, schools during school hours

Question 27

limited public forums

Answer 27

government forums not historically open generally for speech and
assembly but OPENED FOR A SPECIFIC SPEECH ACTIVITY, like a school
gym opened to host a debate on a particular community issue, or
a public university’s funding of student publications.

Question 28

time, place, and manner restriction on speech in a limited public forum and nonpublic forum will be upheld if:

Answer 28

1- regulation is viewpoint neutral and
2- reasonably related to the purpose of the forum

Question 29

content restriction vs. viewpoint restriction

Answer 29

can limit the topics a person can talk about in a space (content restriction) but not the viewpoints about that topic (viewpoint restriction)

Question 30

allowable restrictions on commercial speech

Answer 30

1. govs can ban false or deceptive advertising
2. if the regulation
   - serves a substantial gov interest
   - directly advance the interest and
   - narrowly tailored to serve the interest