Con Law MEE Rules Flashcards
Standing requirements
(1) Personal injury, (2) causation, (3) redressibility
11th Amendment
States cannot be sued in fed ct unless the fed gov’t sues, expressly waives immunity, or congress removes immunity, state v. state.
Commerce power
Congress may regulate (1) channels of IC, (2) instrumentalities of IC, (3) anything with a substantial effect on IC (aggregation for economic activity only)
10th Amend limitation on Congress
Cannot compel the states to regulate or act but may induce with strings on grants if expressly states and related to purpose.
Dormant Commerce Clause
State or local law is unconstitutional if it places an excessive burden on IC.
Privileges & immunities clause of Art IV
States may not deny citizens of other state the privileges and immunities it affords its own citizens.
State action
Occurs if excessive state financial entanglement or where an entity performs traditional public function.
Rational basis scrutiny
Rationally related to legitimate gov’t interest
Intermediate scrutiny
Substantially related to an important gov’t interest, narrowly tailored to achieve objective
Strict scrutiny
Necessary to achieve a compelling state interest, least restrictive means necessary to achieve objective
Taking
(1) denial of all economic value or (2) decrease of economic value that leaves no economically viable use for property
Takings Clause
5th Amend prohibits private property from being taken for public use without just compensation.
1A restriction of non-public forum
Must be viewpoint neutral and reasonably related to a legitimate gov’t purpose.
1A restriction of limited public forum
Must be viewpoint neutral and reasonably related to a legitimate gov’t purpose.
1A restriction of designated public forum
Must be content and viewpoint neutral and narrowly tailored to serve an important gov’t interest AND leaves open alt channels of communication.
1A restriction of public forum
Must be content and viewpoint neutral and narrowly tailored to serve an important gov’t interest AND leaves open alt channels of communication.
Free exercise clause
No punishment on basis of religious beliefs
Establishment clause
Gov’t cannot coerce individuals to participate in religious activities, no discrimination against religious speech or religions unless survives SS.
Freedom of association
SS for prohibition or punishment for group membership or disclosure of membership.
Commercial speech
Truthful speech = protected, false and deceptive ads not protected. Regulation must survive interm. scrutiny
Defamation of public official or figure
Must show falsity and actual malice
Defamation of private figure
If public concern, must show falsity and negligence. If not public concern, no malice necessary.
Fundamental rights
CPR SPERM - Contraception, procreation, right to privacy, speech, parenting, extended family, rights under 1st Amend, marriage. Must survive SS.
Content-based restriction on speech
Must survive strict scrutiny
Content neutral restrictions on speech
Must survive intermediate scrutiny
Obscene speech
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.
Incitement of illegal activity
Punishable if (1) substantial likelihood of imminent illegal activity and (2) speech directed to causing imminent illegality.
Speech in schools
May be regulated if regulations are reasonably related to legitimate educational concerns.
Anti-commandeering doctrine
Fed gov’t may not force the states to enact legislation nor force states to enforce federal policies or programs.
