Con Law - MEE

Question 1

Article I, Section 10 of the Constitution provides that “no state shall pass any law impairing the obligation of contracts.” (Contracts Clause)

What are the three principles to the analysis?

Answer 1

Contracts Clause applies only:
(1) when a state law retroactively regulates contracts made before the law was enacted.

(2) the threshold issue is the degree to which state law impairs/interferes with the party’s contract. The degree of impairment must be substantial/significant to trigger further analysis.

(3) if state law substantially impairs the party’s contract, courts apply a means-end balancing test to determine whether the law is constitutional. The test is a form of intermediate scrutiny: the statue must be (a) a reasonable and appropriate way to (b) advance a significant and legitimate business purpose.

Question 2

When can a state impair private contracts?

Answer 2

When there is a sufficient public purpose

Question 3

Equal Protection Clause

Answer 3

of the 14th Amendment provides “No state shall deny to any person within its jurisdiction the equal protection of the laws.”

Question 4

What are the levels of scrutiny under the Equal Protection Clause?

Answer 4

Strict scrutiny applies to laws that intentionally discriminate based on race or national origin.

Intermediate scrutiny applies to laws that intentionally discriminate based on sex or against non-marital children.

Rational basis review applies to all laws that do not receive strict or intermediate scrutiny.

Question 5

What is rational basis review?

Answer 5

Rational basis review requires that the challenged law be rationally related to a legitimate government interest.

The Court has held that any government purpose other than bias or animus will satisfy this requirement.

The Court gives great deference to the government in deciding whether the challenged law is rationally related to a government’s legitimate interest.

The law must be upheld against an equal protection challenge if there is any reasonably conceivable state of facts that could provide a rational basis for the classification.

Question 6

Due Process Clause

Answer 6

of the 14th Amendment provides no state shall deprive any person of life, liberty, or property, without due process of law.

Question 7

Due Process - levels of scrutiny

Answer 7

For fundamental liberties (like right to privacy), the Court applies strict scrutiny to laws that burden that liberty interest.

Intermediate scrutiny?

All other liberty interests are classified as non-fundamental, and the Court applies rational basis review to laws that burden those interests.

Question 8

As with Equal Protection, substantive due process rational basis review require?

Answer 8

The challenged law is rationally related to a legitimate government interest.

Similarly accepts the government’s asserted interest and defers to the government’s judgment that the burden on an ordinary liberty interest is rationally related to the interest.

Question 9

Strict Scrutiny

Answer 9

Suspect Classification (applies to race and national origin)

A law will be upheld only if it is NECESSARY TO ACHIEVE A COMPELLING GOVERNMENT PURPOSE - it must be the “least restrictive alternative.”

Burden is on the government

Question 10

Intermediate Scrutiny

Answer 10

Quasi-Suspect Classification (applies to gender, non-marital children)

A law will be upheld if it is SUBSTANTIALLY RELATED TO AN IMPORTANT GOVERNMENT PURPOSE.

Burden is on the government

Question 11

Rational Basis

Answer 11

All other classifications (age, wealth, disability, etc.)

A law will be upheld UNLESS IT IS NOT RATIONALLY RELATED TO ANY LEGITIMATE PURPOSE.

Challenger has the burden.