Con Law

Question 1

Difference between Substantive Due Process and Equal Protection?

Answer 1

SDP: Whether government is impermissibly infringing on the rights of a person. Is the law going too far.

EP: Is the government classifying and treating people differently. If so, is it acceptable?

Question 2

What must be proved for individual standing?

Answer 2

To have individual standing, you must prove injury in fact, causation, and redressability.

Question 3

What must be proved for organizational standing?

Answer 3

To have organizational standing, the individual members must have standing, claim is related to organization’s purpose, and the individual members are not necessary to adjudicate the claim.

Question 4

What is the commerce clause?

Answer 4

Congress has the power to regulate interstate commerce: (1) the channels of interstate commerce, (2) the instrumentalities of interstate commerce, and (3) activities that have a substantial effect on interstate commerce.

Question 5

What is the spending power?

Answer 5

Congress can condition federal funds to states and require states to implement regulations as long as the condition is related to the purpose of the funds.

Question 6

What is the Privileges and Immunities Clause?

Answer 6

Applies to individuals, not corporations, and prohibits states from discriminating against out of state citizens.

Question 7

What is the Dormant Commerce Clause?

Answer 7

Limits the states’ ability to regulate interstate commerce.

If discrimination → State must show (1) it has an important state interest and (2) there is no other non-discriminatory means available to achieve that interest.

Question 8

What is the Takings Clause?

Answer 8

Takings Clause (5th Amendment) = Requires (1) government action, (2) taking of private property, (3) taken for public use, (4) a physical or regulatory taking, and (5) just compensation.

Question 9

What are the two types of due process?

Answer 9

Procedural Due Process and Substantive Due Process.

Question 10

What is Procedural Due Process?

Answer 10

Procedural Due Process provides certain protections before the government can take a person’s life, liberty, or property.

Question 11

What is Substantive Due Process?

Answer 11

Substantive Due Process is a government infringement on individual rights.

Two standards of review: Strict Scrutiny for fundamental rights and Rational basis for non-fundamental rights.

Question 12

What is the Equal Protection Clause?

Answer 12

Involves treating classes of people differently = Plaintiff must show discrimination and there are three standards of review: Strict, Intermediate and Rational Basis.

Question 13

Explain Strict Scrutiny under Equal Protection:

Answer 13

Race, Ethnicity or National Origin. Must be the least restrictive means to achieve a compelling government interest.

Question 14

Explain Intermediate Scrutiny under Equal Protection:

Answer 14

Gender and Legitimacy. Must be substantially related to an important government interest.

Question 15

Explain Rational Basis under Equal Protection:

Answer 15

All others, such as age, weight, etc. Must be rationally related to a legitimate government interest.

Question 16

Under the standards of review for Equal Protection, when does the plaintiff bear the burden of proof?

Answer 16

Government bears burden of proof on Strict and Intermediate. Plaintiff must show the law is arbitrary or irrational for rational basis.