Con Law Misses

Question 1

Property Clause

Answer 1

gives Congress the power to “make all needful rules and regulations respecting the territory or other property belonging to the United States.”

permits Congress to acquire and dispose of all kinds of property, and to protect its property with a law

Question 2

Regulatory Taking

Answer 2

A regulation will constitute a taking if it:
PIE

1. amounts to a physical appropriation
2. denies an owner of all economic use, or
3. unreasonably interferes with distinct investment-back expectations of the owner

Question 3

Just Compensation

Answer 3

5A prohibits governmental taking of private property for public use without just compensation

It need not pay for mere regulation of property

Question 4

Forced conveyance of interest in land

Answer 4

City may not force conveyance in exchange for permission to build improvements on the property. It will be considered a taking UNLESS:

1. a close nexus between the condition and gov. interest
2. proportionality (impact of development proportional to loss caused by forced conveyance) (mights are not enough)

Question 5

Establishment Clause

Answer 5

Establishment Clause inquiry focuses on

1. neutrality,
2. historical practice, and
3. whether the Founding Fathers would have considered the action involved acceptable.

If it is not neutral, it will be evaluated based on historical practice and whether the Founding Fathers would have considered it acceptable