Constitutiional Law

Question 1

Standing

Answer 1

State Action

Question 2

Mootness

Question 3

Ripeness

Question 4

Organization standing

Answer 4

1. Injury is related to purpose of the org
2. At least 1 member has standing
3. Individual members are not req to be present in the lawsuit

Question 5

DCC

Answer 5

The state cannot regulate interstate commerce if it is discriminatory or unduly burdensome. If a state law facially discriminate, it must pass strict scrutiny. If a state law unreasonably burdens, it is invalid unless

(one) the law further an important, non-economic state interest, and there is no reasonable non-discriminatory alternatives (balance state int and burden on IC);
(two)the state is a market participant; or
(three) the government action involved is typically performance of a traditional government function

Question 6

Substantive Due Process

Answer 6

Where a law limits the liberty of all persons to engage in some activity, it is a substantive due process issue if a fundamental right is involved, strict scrutiny applies otherwise apply rational basis.

Question 7

Fundamental rights

Answer 7

Interstate travel, voting, the right to privacy (Marry, to raise children, refuse medical treatment)

Question 8

Procedural due process

Answer 8

No person shall be denied life, liberty, or property without due process of law (notice and hearing). To determine if the amount of process was sufficient, apply the Matthews factors: 1) what is the importance of the interest to the individual; 2) the value of safeguards to that interest, and 3) what are the government interests

Question 9

Fundamental rights

Answer 9

Race, alienage, national origin

Question 10

TPM

Answer 10

Public forums and designated public-forums - content-neutral, IS, ACC
Non-public forums and limited public forums - vp neutral p; RB