Con Law

Question 1

Intermediate Scrutiny

Answer 1

Law must be substantially related to an important government purpose and narrowly tailored

Question 2

Strict Scrutiny

Answer 2

Law must be necessary to achieve a compelling government purpose and least restrictive means.

Question 3

Nondiscriminatory State Tax (3)

Answer 3

Valid if

(1) Substantial nexus btwn activity & taxing state
(2) Fair apportionment
(3) Fair relationship to services & benefits provided by state

Question 4

TPM (3)

Answer 4

Regulation OK if:

(1) Content neutral
(2) Narrowly tailored to serve an important government interest
(3) Leaves open alternative channels of communication

Question 5

Obscenity (3)

Answer 5

Regulation OK if:

(1) Appeals to prurient interest in sex, using a community standard;
(2) Is patently offensive and an affront to contemporary community standards; and
(3) Lacks serious value using a national reasonable person standard

Question 6

Commercial Speech (3)

Answer 6

Regulation OK if:

(1) Serves a substantial government interest;
(2) Directly advances that interest; and
(3) Is narrowly tailored to serve that interest

Question 7

Prior restraints (3)

Answer 7

OK if:

(1) Standard is narrowly drawn, reasonable, and definite;
(2) Injunction promptly sought; and
(3) Prompt and final determination on validity of restraint

Question 8

Establishment Clause Test (3)

Answer 8

Action OK if:

(1) Has a secular purpose;
(2) Has a primary effect that neither advances nor inhibits religion; and
(3) Does not produce excessive government entanglement with religion

Question 9

Dormant Commerce Clause

Answer 9

State or local laws are unconstitutional if they place an excessive burden on interstate commerce. A law that discriminates against interstate commerce violates the DCC unless the government can prove it is necessary to achieve an important government interest.