Con Law Analysis Tips Flashcards

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1
Q

13th Amendment

A

Best answer when private individuals, who do not qualify as state actors, discriminate

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2
Q

14th Amendent

A

–All the elements of the Constitution incorporated into the amendment are protected by it

Frequently best answer when free speech or freedom of religion is not offered as a choice

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3
Q

Due Process Clause

A

Best choice for an unconstitutional argument when:

  1. state acts; or
  2. state does not grant a hearing or invades privacy rights
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4
Q

Equal Protection Clause

A

Best option when state action interferes with a fundamental interest

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5
Q

Police Power

A

Best answer only when state action VS federal action

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6
Q

Privileges and Immunities Clause

A

Bars states from discriminating against nonresidents on fundamental matters, UNLESS the regulation in question specifically targets a problem arising from such nonresident’s behavior

Almost never a correct answer

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7
Q

Supremacy Clause

A

Not a good choice unless there is a congressional statute/provision conflicting with a state activity

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8
Q

Taxing Power

A

Best answer if Commerce Clause isn’t available

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