Con Tests Flashcards
Privileges AND Immunities
Discriminating against out-of-state citizens re: fundamental rights.
- Usually employment
Government must have substantial justification and no less restrictive means.
Contract Clause
State cannot substantially interfere with a pre-existing contract unless:
- It has an important and legitimate interest; and
- It’s narrowly tailored to that end
Dormant Commerce Clause
Facial Discrimination:
- Law is narrowly tailored to a compelling state interest; and
- There is no reasonable non-discriminatory alternative
Neutral, but Burden:
- Law is substantially related to an important interest; and
- The burden is not unreasonable (weigh burden vs. benefit)
If it’s a facially neutral tax:
- Substantial nexus between taxpayer and state
- Fairly apportioned tax
- Fair relationship between tax imposed and service provided
Ex Post Facto Law
Government cannot pass legislation that:
- Retroactively alters
- Criminal law
- In a substantially prejudicial manner
- To punish someone for past activity
Bills of Attainder
Can’t pass law that specifically names someone to be punished, and punish them without a trial.
Procedural Due Process
Deprivation of life, liberty, property without due process (notice and opportunity to be heard).
The process provided is assessed by examining:
- Interest person has in retaining the threatened interest
- Error rate of current process and probable value of additional process
- Cost and admin burden of the additional process
Substantive Due Process: SS
Equal Protection Clause: SS
Narrowly tailored to a compelling state interest. Applies to: Fundamental rights
- Privacy rights (MC SOFA)
- Right to vote, travel between states, refuse medical care
EPC:
- Race/Ethnicity
- Alienage
Substantive Due Process: RB
Equal Protection Clause: RB
Law must be rationally related to a legitimate state interest (even hypo).
Equal Protection Clause: IS
Law must be substantially related to an important state interest.
EPC
- Gender
- Illegitimacy
Free Speech: SS
Applies to viewpoint and content-based (unless symbolic, or less/unprotected speech)
Free Speech: Commercial Speech
Central Hudson Test
- Speech is legal and not misleading
- Law is narrowly tailored to a substantial interest
- Law directly advances that interest
Free Speech: Symbolic Speech
Regulating conduct.
- Law is narrowly tailored to an important interest; and
- It is unrelated to suppression of speech
Free Speech: Sexual Speech
- Law serves a substantial interest and
2. Leaves open reasonable alternative channels of communication
Free Speech: Public Forums
Can be traditional or designated:
- Law is content-neutral and viewpoint neutral
- Law is narrowly tailored to an important interest; and
- The law leaves open alternative channels of communication
Free Speech: Private Forums
- Law is viewpoint neutral and
2. Reasonably related to a legit government interest
