Con Law

Question 1

Planned Parenthood v. Casey

Answer 1

Undue Burden Framework

Question 2

Rational Basis Test

Answer 2

(1) Does the law conceivably implicate a legitimate state interest?
(2) Is the law rationally related to achieving that legitimate state interest?

Question 3

USDA v. Moreno

Answer 3

Denial of food stamps to people living in same household that aren’t related

Question 4

Romer v. Evans

Answer 4

specimen of rational basis PLUS review

Question 5

When does strict scrutiny apply?

Answer 5

suspect classifications and immutable characteristics

Question 6

Affirmative Action

Answer 6

laws that benefit minorities and disfavor whites

Question 7

Facially Neutral Laws with a Discriminatory Intent

Answer 7

Laws that are facially neutral will receive more than rational basis review only if there is proof of a discriminatory purpose

Question 8

Purpose of Equal Protection Clause

Answer 8

prevention of official conduct discriminating on the basis of race

Question 9

Article II, Sec. 3

Answer 9

power to receive = power to recognize

Question 10

Zivotofsky

Answer 10

recognized the power to recognize; does the president have the power to recognize a nation as sovereign?

Question 11

Strict Scrutiny Test

Answer 11

narrowly tailored to compelling state interest

Question 12

What categories is strict scrutiny applied to?

Answer 12

race and national origin

Question 13

Intermediate Scrutiny

Answer 13

law must be substantially related to a state/government interest

Question 14

What categories is intermediate scrutiny applied to?

Answer 14

gender

Question 15

Procedural Due Process

Answer 15

if the government is going to take action that adversely affects a person’s interest there should be procedures

Question 16

Constitutional Basis for PDP

Answer 16

Due Process Clause: 5th Amendment (Fed.) and 14th Amendment (State and Local)

Question 17

Mathews v. Eldridge

Answer 17

Factors Test for PDP

1. the private interest that will be affected by the official action;
2. the risk of an erroneous deprivation of this interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and
3. the government’s interest, including the function involved and the fiscal and administrative burdens that additional or substitute procedural requirements would entail

Question 18

Substantive Due Process

Answer 18

Some issues the government should never interfere with no matter how much process is awarded

Question 19

Economic SDP

Answer 19

Freedom of contract/economic regulation