Con Law Amendments Analysis Flashcards

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1
Q

13th Amendment

A

When private individuals, not state actors, discriminate

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2
Q

14th Amendment

A

Due Process Clause - prohibits STATES(not federal government or private persons) from depriving any person of life, liberty, or property without due process and equal protection of the lawIncorporates bill of rights to the statesWhen first amendment or freedom of religion is not an answer

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3
Q

Commerce Clause

A

Congress can legislate interstate commerceSource of congress power over civil rightscannot be used by feds to push states into acting

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4
Q

Contract Clause

A

Where states revoke a contract

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5
Q

Dormant Commerce Clause

A

Inferred from Commerce ClauseProhibits states from improperly burdening or discriminating against interstate commerce

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6
Q

Due Process Clause

A

Best choice for unconstitutional argument when:1. State Acts2. State doesn’t grant a hearing or invades privacy rights

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7
Q

Equal Protection Clause

A

Best option when state action interferes with a fundamental interest (e.g., right to vote or travel; or classifications by race , alienage , sex) .

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8
Q

General Welfare Power or Spending Power

A

Congress’ power to spend treasury funds, but not to regulate activity.Best answer when voluntary cooperation by party with federal government is the ONLY way to reach result.

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9
Q

Police Power

A

Can be the answer only when state action v. federal action .

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10
Q

Privileges and Immunities Clause

A

Article IV – Bars states from discriminating against non–residents on fundamental matters , unless the regulat ion in question specifically targets a problem arising from such non–resident’s behavior.\n\nThe Privileges and Immunities Clause of the 14th Amendment is almost never a correct answer.

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11
Q

Supremacy Clause

A

Not a Congressional power.\nBest answer where there is a Congressional statute or provision conflicting with a state activity.

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12
Q

Taxing Power

A

Allowed for regulatory purposes if there is a revenue–raising function.\nBest answer if Commerce Clause isn’t available.

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