Con Law MEE Rules

Question 1

Standing requirements

Answer 1

(1) Personal injury, (2) causation, (3) redressibility

Question 2

11th Amendment

Answer 2

States cannot be sued in fed ct unless the fed gov’t sues, expressly waives immunity, or congress removes immunity, state v. state.

Question 3

Commerce power

Answer 3

Congress may regulate (1) channels of IC, (2) instrumentalities of IC, (3) anything with a substantial effect on IC (aggregation for economic activity only)

Question 4

10th Amend limitation on Congress

Answer 4

Cannot compel the states to regulate or act but may induce with strings on grants if expressly states and related to purpose.

Question 5

Dormant Commerce Clause

Answer 5

State or local law is unconstitutional if it places an excessive burden on IC.

Question 6

Privileges & immunities clause of Art IV

Answer 6

States may not deny citizens of other state the privileges and immunities it affords its own citizens.

Question 7

State action

Answer 7

Occurs if excessive state financial entanglement or where an entity performs traditional public function.

Question 8

Rational basis scrutiny

Answer 8

Rationally related to legitimate gov’t interest

Question 9

Intermediate scrutiny

Answer 9

Substantially related to an important gov’t interest, narrowly tailored to achieve objective

Question 10

Strict scrutiny

Answer 10

Necessary to achieve a compelling state interest, least restrictive means necessary to achieve objective

Question 11

Taking

Answer 11

(1) denial of all economic value or (2) decrease of economic value that leaves no economically viable use for property

Question 12

Takings Clause

Answer 12

5th Amend prohibits private property from being taken for public use without just compensation.

Question 13

1A restriction of non-public forum

Answer 13

Must be viewpoint neutral and reasonably related to a legitimate gov’t purpose.

Question 14

1A restriction of limited public forum

Answer 14

Must be viewpoint neutral and reasonably related to a legitimate gov’t purpose.

Question 15

1A restriction of designated public forum

Answer 15

Must be content and viewpoint neutral and narrowly tailored to serve an important gov’t interest AND leaves open alt channels of communication.

Question 16

1A restriction of public forum

Answer 16

Must be content and viewpoint neutral and narrowly tailored to serve an important gov’t interest AND leaves open alt channels of communication.

Question 17

Free exercise clause

Answer 17

No punishment on basis of religious beliefs

Question 18

Establishment clause

Answer 18

Gov’t cannot coerce individuals to participate in religious activities, no discrimination against religious speech or religions unless survives SS.

Question 19

Freedom of association

Answer 19

SS for prohibition or punishment for group membership or disclosure of membership.

Question 20

Commercial speech

Answer 20

Truthful speech = protected, false and deceptive ads not protected. Regulation must survive interm. scrutiny

Question 21

Defamation of public official or figure

Answer 21

Must show falsity and actual malice

Question 22

Defamation of private figure

Answer 22

If public concern, must show falsity and negligence. If not public concern, no malice necessary.

Question 23

Fundamental rights

Answer 23

CPR SPERM - Contraception, procreation, right to privacy, speech, parenting, extended family, rights under 1st Amend, marriage. Must survive SS.

Question 24

Content-based restriction on speech

Answer 24

Must survive strict scrutiny

Question 25

Content neutral restrictions on speech

Answer 25

Must survive intermediate scrutiny

Question 26

Obscene speech

Answer 26

Appeals to prurient interest in sex, depicts or describes sex in a patently offensive way, and lacks artistic, literary, political, or scientific value based on national RP standard.

Question 27

Incitement of illegal activity

Answer 27

Punishable if (1) substantial likelihood of imminent illegal activity and (2) speech directed to causing imminent illegality.

Question 28

Speech in schools

Answer 28

May be regulated if regulations are reasonably related to legitimate educational concerns.

Question 29

Anti-commandeering doctrine

Answer 29

Fed gov’t may not force the states to enact legislation nor force states to enforce federal policies or programs.