Constitutional Law

Question 1

Rational Basis

Answer 1

A law will be upheld upon a showing that the law is rationally related to a legitimate government interest.

Applies to all other classifications not covered under Strict or Intermediate Scrutiny, like age.

Burden is on the PLAINTIFF to demonstrate that there is no rational relationship to any legit government interest.

Question 2

Strict Scrutiny

Answer 2

A law will be upheld only if it is necessary to achieve a compelling government interest.

Applies to protected classes, such as race and national origin.

Burden is on the GOVERNMENT.

Question 3

Intermediate Scrutiny

Answer 3

A law will be upheld if it is substantially related to an important government interest.

Applies to quasi-protected classes, such as gender and illegitimacy.

Burden is on the GOVERNMENT.

Question 4

Equal Protection Clause

Answer 4

Used to ensure equal protection of the laws as applied to protected classes. Applies when a state enacts a law that discriminates against some people based on various classifications.

Question 5

City of Boerne v. Flores (Congressional Powers)

Answer 5

Congress cannot, under its 14th Amendment power, legislate or prohibit constitutional behavior where there is no constitutional injury to be prevented or remedied.

Question 6

Private Parties Acting as State Actors

Answer 6

Occurs where (1) they have performed a traditional public function; (2) there is the enforcement of certain private contracts; (3) there is joint action or “entanglement” between a state and private actor; or (4) there is state encouragement of private discrimination.

Question 7

United States v. Virginia (Separate Facilities for Each Gender)

Answer 7

Allow in certain cases, if state can (1) demonstrate the “exceedingly persuasive justification” for the separate treatment; and (2) demonstrating that the separate facilities are substantially equivalent.

Question 8

Interstate Commerce Clause

Answer 8

Gives Congress the power to regulate interstate commerce, as well as the instrumentalities of interstate commerce.

Question 9

Dormant Commerce Clause

Answer 9

If the state regulation on its face discriminates against out of state business to promote in state businesses, then it will be held to be invalid unless it is necessary to achieve an important government purpose and no less restrictive means are available.

If the state regulation does not discriminate against out of state commerce on its face, then we look at the burden that it places on interstate commerce. If a state regulation unduly burdens interstate commerce, even though it is not discriminatory against out of state business, then it will be held to be invalid if its burden on interstate commerce outweigh the benefits to the state through the regulation.

Question 10

The 10th Amendment

Answer 10

Powers of the federal government not expressly herein granted are reserved to the states and the people, respectively.

Prohibits “commandeering,” meaning commanding local action, usurping local control, by taking over the state legislative or executive functions.

Question 11

Congress’s Spending Power

Answer 11

Congress has the power to place conditions upon grants of federal money to the states. Conditions on spending will be upheld so long as: (1) the terms of the condition are related to the funds being spent; (2) the terms of the condition are unambiguous and obvious to the states; (3) the spending being withheld if the states refuse to comply must be so great so as to be deemed coercive; and (4) the condition must not require the states to engage in unlawful or unconstitutional behavior.

Question 12

Brandenburg v. Ohio (First Amendment)

Answer 12

The First Amendment precludes the conviction of individuals who incite or advocate breaking the law unless (1) there is advocacy of illegal conduct and not just an abstract expression of ideas; (2) the advocacy calls for imminent lawbreaking; and (3) the lawbreaking is likely to occur.

Question 13

Fighting Words

Answer 13

Excluded from protection of the First Amendment.

Words which by their very utterance inflict injury or tend to incite an immediate breach of the peace. They play little or no part in the exposition of ideas. Must be likely to cause a violent reaction from others.

Question 14

The First Amendment (generally)

Answer 14

Prohibits the government from restricting the content of speech unless: (1) the government can prove that (2) the restrict is necessary to achieve a compelling government interest.

Question 15

Defamation (First Amendment)

Answer 15

At common law, a plaintiff may bring a defamation action against a defendant who makes a false statement about the plaintiff.

However, public figures cannot recover for defamation unless they can show that the defaming statement was made with actual malice.

Question 16

Actual Malice

Answer 16

Found where the statement is made with knowledge that it is false or with reckless disregard of its truth or falsity.

Question 17

The 11th Amendment

Answer 17

Prohibits a state from being sued in federal court by its citizens, unless it consents. However, Section 5 of the 14th Amendment abrogate a state’s 11th Amendment power and allow for suits against it to take place in federal court.

NOTE: Only prevents State suit in Federal court; not State suit in State court.

Question 18

Article III, Section 2 (Original Jurisdiction over…)

Answer 18

The US Supreme Court has original jurisdiction in all cases affecting ambassadors, other public ministers, and consuls, and in which a state is a party.

Question 19

Obscenity

Answer 19

Category of speech not protected by the First Amendment. Obscenity is a depiction of sexual conduct that, taken as a whole, by the average person, using contemporary community standards: (1) appeals to the prurient interest in sex; (2) portrays sex in a patently offensive way; and (3) using a national, reasonable person standard, does not have serious literary, artistic, political, or scientific value.

Question 20

When does a “taking” occur?

Answer 20

When the government (1) permanently physically occupies an owner’s private land; or (2) totally deprives the land of any economic value.

Question 21

Doctrine of Eminent Domain

Answer 21

A government entity may take private land for any public use, broadly construed, including economic development. As long as the taking is rationally related to a public good, the court will uphold the taking. Government must pay just compensation tho.

Question 22

School Searches

Answer 22

Will be upheld only if it offers a moderate chance of finding evidence of wrongdoing, the measures adopted to carry out the search are reasonably related to the objectives of the search, and the search is not “excessively intrusive in light of the age and sex of the student and the nature of the infraction.”

Question 23

When are taxes under the Commerce Clause valid?

Answer 23

Valid if:

(1) The tax does not discriminate against interstate commerce;
(2) There is substantial nexus between the activity taxed and the taxing state;
(3) The tax is fairly apportioned; and
(4) The tax fairly relates to services or benefits provided by the state.

Question 24

Enabling Clause of the 13th Amendment

Answer 24

13th Amendment prohibits slavery. The Enabling Clause of the 13th Amendment has been held to confer on Congress the authority to proscribe almost any private racially discriminatory action that can be characterized as a badge or incident of slavery.

Question 25

Full Faith and Credit Clause of the Constitution

Answer 25

Prohibits state courts from re-litigating cases in which the courts of another state have rendered final judgment.