ConLaw (Indiv. Rights)

Question 1

When** Congress **discrim. against a nonresident alien, what level of scrutiny applies?

Answer 1

RBR: Challenger must prove that the regulation is not rationally related to a legitimate government interest

Question 2

When a State discrim. against a nonresident alien, what level of scrutiny applies?

Answer 2

Strict Scrutiny: The government must prove that the regulation is necesarry to achieve a compelling government interest

Question 3

K Clause only applies to ____ law that retroactively invalidates existing contracts

Answer 3

State

Question 4

The purpose of the K Clause is to prohibt states from ____ and ____ impairing already existing K’s unless the act will:

Answer 4

Substantially
Retroactively

1) serve an important AND legitimate gov. interest and is narrolwy tailored to achieve that interest.

Question 5

What does the 13th Am. protect against?

Answer 5

Involuntary Servitude

Applies to State and Fed gov.

Question 6

EPC does NOT apply to federal government but can be analyzed under the:

Answer 6

DPC of 5th Am.

Question 7

The EPC only applies to:

Answer 7

STATES

Question 8

What determines if a state is “substantially invovled”

Answer 8

If the state is performing a state function or if there is continuing state action