Con Law MEE Rule Statements

Question 1

The equal protection clause of the 14th amendment applies

Answer 1

only to governmental action

Question 2

To trigger constitutional protections,

Answer 2

state action is required

Question 3

A private entity’s conduct must constitute

Answer 3

state action in order for protections under the equal protection clause of the 14th amendment to apply

Question 4

State action may be considered to exist when

Answer 4

private parties carry out traditional governmental functions or if there is a significant state involvement in the activities

Question 5

Discrimination based on gender is discrimination based on a

Answer 5

quasi suspect classification and is judged under the intermediate scrutiny standard

Question 6

In applying the intermediate scrutiny standard, the burden is on the

Answer 6

state to show that its different treatment of the sexes is substantially related to an important government interest and that an “exceedingly persuasive justification” exists for the distinction.

Question 7

The constitution generally protects against wrongful conduct by the

Answer 7

government, not private parties.

Question 8

A private person’s conduct must

Answer 8

constitute state action in order for protections to apply.

Question 9

State action is found when

Answer 9

a private person carries on activities that are traditionally performed exclusively by the state, such as running primary elections or governing a company town.

Question 10

The first amendment is applicable to

Answer 10

the states through the 14th amendment and protects the freedom of speech as well as the freedom not to speak.

Question 11

The first amendment protects the

Answer 11

freedom of speech.

Question 12

Protected speech can include

Answer 12

written, oral, and visual communication, as well as activities such as picketing and leafleting.

Question 13

The government’s ability to regulate speech depends on

Answer 13

the forum in which the speech takes place.

Question 14

A traditional public forum is one that is

Answer 14

historically associated with expression, such as sidewalks, streets, and parks.

Question 15

In a traditional public forum, the government may only regulate speech if the restrictions:

Answer 15

1) are content-neutral as to both subject matter and viewpoint
2) are narrowly tailored to serve a significant governmental interest and
3) leave open ample alternative channels for communication.

Question 16

The equal protection clause of the 14th amendment provides that

Answer 16

“no state shall deny to any person within its jurisdiction the equal protection of the laws.” This clause applies only to states and localities.

Question 17

Laws classifying on the basis of age are reviewed under the

Answer 17

rational basis standard

Question 18

A law passes the rational basis standard of review if it is

Answer 18

rationally related to a legitimate governmental interest, a test of minimal scrutiny. It is not required that there is actually a link between the means selected and a legitimate objective. However, the legislature must reasonably believe there is a link.

Question 19

The federal government may exercise only those powers

Answer 19

specifically enumerated by the constitution.

Question 20

The 14th amendment, section 5 enabling clause permits congress to

Answer 20

pass legislation to enforce the equal protection and due process rights guaranteed by the amendment, but not to expand those rights or create new ones.

Question 21

In enforcing such rights guaranteed by the 14th amendment, section 5 enabling clause, there must be a

Answer 21

“congruence and proportionality” between the injury to be prevented or remedied and the means adopted to achieve that end.

Question 22

Although congress may override state government action that

Answer 22

infringes upon 14th amendment rights if the congruence and proportionality test is satisfied, its enforcement power would not stretch to prohibit a law that does not violate the constitution.