Con Law Flashcards
What is the limitation on federal court jurisdiction as outlined in Article III of the Constitution?
Federal court jurisdiction is limited to ‘Cases’ and ‘Controversies’.
What are the three requirements a plaintiff must satisfy to establish standing?
- An injury in fact
- Fairly traceable to the challenged conduct of the defendant
- Likely to be redressed by a favorable judicial decision
What constitutes a ‘concrete injury’ in the context of standing?
An invasion of a legally protected interest that is concrete and particularized.
True or False: A plaintiff can establish standing simply by having a statutory right that has been violated.
False
Is invasion of privacy a concrete injury for standing purposes?
Yes, an invasion of privacy can be a concrete injury even without extensive damages.
Under the Commerce Clause, what are the three areas Congress has the power to regulate?
- Channels of interstate commerce
- Instrumentalities of interstate commerce
- Commercial activities that substantially affect interstate commerce
What must Congress demonstrate for a regulation of economic activities to be upheld by the Court?
Congress must have a rational basis for concluding that the activities, in the aggregate, substantially affect interstate commerce.
What does the Dormant Commerce Clause prohibit regarding state laws?
State laws that facially discriminate against interstate commerce are subject to strict scrutiny.
What is the consequence of a nondiscriminatory state law that imposes an incidental burden on interstate commerce?
It may be unconstitutional if the burden is clearly excessive in relation to local benefits.
What did the Court clarify about laws with a legitimate environmental purpose under the Dormant Commerce Clause?
Discriminatory means to achieve a legitimate purpose are invalid unless narrowly tailored.
What is the Market Participant Exception?
States may discriminate in favor of residents when acting as a market participant.
What does the Tenth Amendment prohibit Congress from doing?
Commandeering the states to regulate private conduct.
What does the Eleventh Amendment state regarding federal court jurisdiction?
It bars federal courts from hearing suits against state governments by private citizens without state consent.
What are the two conditions under which a federal statute can abrogate Eleventh Amendment immunity?
- The statute must unambiguously state it abrogates immunity
- Congress must enact it under a power that may abrogate immunity
What is the Ex Parte Young doctrine?
Actions against state officials for prospective relief are not treated as actions against the State.
Under the 10th Amendment, what principle does the Constitution establish regarding federalism?
States retain significant sovereign authority and Congress may not require states to govern according to federal instructions.
How can Congress influence state behavior regarding federal funds?
By threatening to withhold federal money to induce states to comply with federal goals.
What are the five requirements Congress must satisfy when using its spending power?
- Spending must be for the general welfare
- Conditions must be imposed unambiguously
- Conditions must relate to federal interests
- Conditions must not induce unconstitutional activities
- Conditions must not be unduly coercive
What does the Equal Protection Clause of the Fourteenth Amendment prohibit?
State actors from denying persons the equal protection of the laws.
What constitutes a ‘state actor’ under the Equal Protection Clause?
- A private actor performing a traditional government function
- Significant government involvement in the private actor’s activities
What are the three levels of scrutiny applied under the Equal Protection Clause?
- Strict Scrutiny
- Intermediate Scrutiny
- Rational Basis
What must the government demonstrate to satisfy strict scrutiny?
The law must be narrowly tailored to serve a compelling government interest.
What is required for a law to withstand intermediate scrutiny?
The law must be substantially related to achieving an important government purpose.
What is the burden of proof for state laws making gender classifications?
States must demonstrate an ‘exceedingly persuasive justification’ for the classification.
What is the State Action Doctrine?
Constitutional rights apply only where there is state action, either direct or fairly attributable to the government.
What determines whether an ordinance violates the 1st Amendment’s guarantee of freedom of speech?
Whether the ordinance is content-based or content-neutral.
If an ordinance is deemed content-based, what standard of scrutiny applies?
Strict scrutiny.
If an ordinance is deemed content-neutral, what standard of scrutiny applies?
Intermediate scrutiny.
What is the Public Forum Doctrine?
Regulation of expression on government property is assessed under this doctrine, with traditional public forums requiring strict scrutiny for content-based regulations.
Under what circumstances may schools regulate student speech more than the state would?
Schools have greater leeway but cannot compel students to participate in a flag salute if it offends their beliefs.
What constitutes a physical taking?
When the government physically appropriates a person’s property.
What is a regulatory taking?
When a regulation affects the value or use of a person’s property.
What are the three categories of regulatory, non-physical takings as defined by the Lingle Court?
- Total regulatory taking
- Penn Central taking
- Land-use exaction
What does the 5th Amendment guarantee regarding takings?
Private property shall not be taken for public use without just compensation.
What is the definition of ‘public use’ in the context of the 5th Amendment?
A broad understanding that allows for government takings rationally related to a conceivable public purpose.
