Con Law Quick Rules

Question 1

Contracts Clause

Answer 1

A state or local government may not substantially impair the obligations under a private contract, unless doing so serves an important government interest and is narrowly tailored to that interest.

Question 2

Privileges and Immunities

Answer 2

Prohibits discrimination against out of state citizens on the basis of fundamental rights, which have been held for this purpose to include commercial activity and civil liberties, but may discriminate if there is a substantial justification for doing so.

Question 3

Privileges or Immunities

Answer 3

A state may not deprive a citizen of the privileges or immunities of national citizenship; does not protect corporations, and essentially only protects the right to interstate travel.

Question 4

Taxing Power

Answer 4

Congress’ taxing power is plenary, and they may tax any area where they could otherwise regulate, or for the purpose of raising revenue. Indirect taxes are permitted if they are geographically uniform.

Question 5

State Taxing Power

Answer 5

A state can tax interstate commerce so long as it is non-discriminatory, if there is a substantial nexus between the taxpayer and the state, tax is fairly apportioned, and there is a fair relation between the tax and the services or benefits provided.

Question 6

Spending Power

Answer 6

Congress has the power to spend for the general welfare.

Question 7

Conditional Spending

Answer 7

Seen as an exception to the 10th Amendment; Congress may condition receipt of funds so long as the condition is clearly stated, it is related to the spending program, and it is not unduly coercive.

Question 8

Substantive Due Process

Answer 8

If government action directly and substantially interferes with an individual’s exercise of their fundamental rights, it will only be upheld if necessary to achieve a compelling government interest. Non-fundamental rights are subject to rational basis.

Question 9

Procedural Due Process

Answer 9

The government cannot intentionally deprive an individual of life, liberty, or property without due process of law. Due process is determined by balancing:

1. The importance of the individual interest,
2. The value of specific procedural safeguards, and
3. Any countervailing government interest in fiscal and administrative safety.

Question 10

Equal Protection Clause - Strict Scrutiny

Answer 10

Suspect classifications (race, national origin, alienage) are subject to strict scrutiny: they must be narrowly tailored to serve a compelling government interest.

Question 11

Equal Protection Clause - Intermediate Scrutiny

Answer 11

Quasi-suspect classifications (gender, legitimacy) are subject to intermediate scrutiny: they must be substantially related to an important government interest. Intentional discrimination against women must have an “exceedingly persuasive justification.”

Question 12

Equal Protection Clause - Rational Basis

Answer 12

All non-suspect classifications are subject to rational basis: they must be rationally related to a legitimate government interest.

Question 13

Government Speech

Answer 13

Government speech and government funding of speech are permissible if rationally related to a legitimate government interest.

Question 14

Regulations in a Public Forum or Designated Public Forum

Answer 14

Regulations must be content neutral and reasonable time/place/manner regulations: narrowly tailored to a significant government interest, and leave open ample alternative means of communication.

Question 15

Regulations in a Limited Public Forum

Answer 15

Regulations must be viewpoint neutral, and reasonably related to a legitimate government interest.

Question 16

Content Based Regulations

Answer 16

Content based regulations are presumptively unconstitutional, and are subject to strict scrutiny: they must be narrowly tailored to achieve a compelling government interest.

Question 17

Content Neutral Regulations

Answer 17

Content neutral regulations are subject to a form of intermediate scrutiny, and must be narrowly tailored to serve an important government interest, while leaving open ample alternative means of communication.

Question 18

Symbolic Speech

Answer 18

Symbolic speech may be regulated so long as:

1. It is within the constitutional power of the government,
2. It furthers an important government interest,
3. The interest is unrelated to the suppression of speech, and
4. The incidental burden on speech is no greater than necessary.

Question 19

Prior Restraints

Answer 19

In order to constitute a valid prior restraint, the government must show that a special societal harm will result absent the prior restraint, and the existence of procedural safeguards that are:

1. Narrowly drawn so as to include no more speech than necessary,
2. Government promptly seeks an injunction, and
3. Prompt determination of validity of the injunction

Question 20

Freedom of Association

Answer 20

The First Amendment guarantees a right to associate to further political, social, and religious views; can only be infringed to serve a compelling government interest, unrelated to the suppression of ideas.

Question 21

Limits on Campaign Contributions

Answer 21

Must be closely drawn to match a sufficiently important interest.

Question 22

Free Exercise Clause

Answer 22

1. Was there a religious belief involved?
2. Was the belief sincerely held?
3. Did the government interfere with the belief? If so, subject to strict scrutiny.

Question 23

Establishment Clause

Answer 23

If the government establishes a preference for one religion over another, or religion over non-religion, it must satisfy strict scrutiny.

If no preference shown, then the Lemon test applies:

1. Secular purpose?
2. Neither advances nor inhibits religion?
3. Does not promote excessive entanglement?

Question 24

Dormant Commerce Clause

Answer 24

State regulations of commerce will be found to violate the DCC if they:

1. Discriminate against out of state commerce, and are not necessary to achieve an important state interest, or
2. Are non-discriminatory, but are unduly burdensome on interstate commerce.

Exceptions: market participant, and whether regulation furthers an important, non-economic state interest and there are no less discriminatory alternatives.