Con Law Highly Tested

Question 1

State Action Requirement

Answer 1

Generally, the Constitution protects against wrongful conduct by government, not private parties (exception: prohibition of slavery).

Thus, state action is required to trigger an individual’s constitutional protections.

State action may exist in cases of private parties when: (1) private person carries on activities traditionally performed exclusively by the state OR (2) there are sufficient mutual contacts b/w conduct of private party and the government.

Question 2

State Sovereign Immunity (11th Amendment)

Answer 2

Citizens cannot sue a state in federal court for money damages or equitable relief, nor can they sue state officials in federal court for violating state law.

Exceptions: Consent by state, Injunctive Relief against state official, Individual Damages against state official, Congressional Authorization (Congress can abrogate state immunity from liability if clearly and expressly acting to enforce rights created by the 14th Amendment)

Question 3

Dormant Commerce Clause

Answer 3

If Congress has not enacted legislation in particular area of interstate commerce, states are then free to regulate, so long as action does NOT:

(1) discriminate against out of state commerce
(2) Unduly burden interstate commerce (operates as tariff or trade barrier - strict srutiny; nondiscriminatory- unconstitutional if burden clearly excessive in relation to putative local benefits)

OR

(3) Regulate wholly out of state activity

Legislation that violates above requirements unconstitutional UNLESS state is market participant, legislation favors state/local govt entities performing traditional government function OR Congress explicitly permits legislation.

Question 4

14th Amendment Equal Protection