Con Law Language

Question 1

Rational basis test verbatim and burden:

Answer 1

a law is upheld if “rationally related to a legitimate government purpose.”

The burden is on the challenger.

Question 2

Intermediate scrutiny test verbatim and burden:

Answer 2

“A law is upheld if substantially related to an important Government purpose.”

The burden is on the government.

Question 3

Strict scrutiny test verbatim and burden:

Answer 3

“A law will be upheld if it is necessary to achieve a compelling government purpose. The law must be narrowly tailored to that purpose: there can be no less restrictive alternative.”

The burden is on the government.

Question 4

Substantial effect doctrine (interstate commerce) verbatim:

Answer 4

“Congress can regulate economic activities that have a substantial effect on interstate commerce.”

Question 5

The Supremacy Clause (Art. VI) verbatim:

Answer 5

“the Constitution, and laws and treaties made pursuant to it, are the supreme law of the land.”

Question 6

In Public Forums, content neutral time place and manner regulations must be:

Answer 6

The Government must show that the regulation is (i) narrowly tailored to serve (ii) an important government interest and (iii) must not unreasonably limit alternative channels of communication.

Question 7

In Limited Public Forums, content neutral time place and manner regulations must be:

Answer 7

The challenger must show that the regulation is not (i) viewpoint neutral, and (ii) reasonably related to a legitimate government purpose.

Question 8

At large voting:

Answer 8

Everyone in a city, state, or locale votes. This is different from districts.