CONSTITUTIONAL LAW Flashcards
Congress Powers
Congress’s powers are limited to those given to it by the Constitution. It has the power to enforce constitutional rights under its enforcement power found in the Thirteenth, Fourteenth, and Fifteenth Amendments, but it does not have the power to expand rights.
- To pass a law, Congress must act pursuant to a power given to it by the constitution.
- Congress has no general police power or power to legislate for the general welfare.
Section Five of the Fourteenth Amendment
Section Five of the Fourteenth Amendment is an enabling clause giving Congress the power to adopt appropriate legislation to enforce the rights and guarantees provided by the Fourteenth Amendment.
- Under Section Five, Congress may not expand existing constitutional rights or create new ones.
- Congress may only enact laws to prevent or remedy violations of rights already recognized by the courts.
- To be valid, laws must be congruent and proportional to solving a history or pattern of violations of such right.
Congress power to regulate commerce
Congress has the power to regulate interstate commerce.
Congress can regulate the channels and instrumentalities of interstate commerce, persons and things in interstate commerce, or anything that has a “substantial effect” on interstate commerce—meaning, it can regulate anything economic or anything noneconomic that “substantially affects” interstate commerce (even if it is purely “intrastate”—i.e., within a state).
Congress cannot, “commandeer” states
Congress cannot, “commandeer” states and force states to enforce federal laws. Congress will either have to regulate directly (if within its commerce power) or regulate indirectly by threatening to take away funding if the state does not adopt a law (under Congress’s spending power).
States can not discriminate
States lack the power to discriminate against interstate commerce or unreasonably burden it. (This is known as the Dormant Commerce Clause or negative Commerce Clause.)
- If a law discriminates against interstate commerce, it is invalid unless the state can show that the law was necessary to serve a compelling state interest and there is no reasonable nondiscriminatory alternative (strict scrutiny). ***A state law that discriminates against interstate commerce is usually unconstitutional.
- If a state law is nondiscriminatory on its face (i.e., it imposes the same burden on those in-state and out-of-state) but it still burdens interstate commerce, it is valid only if it serves an important state interest and does not impose an unreasonable burden on interstate commerce. ***A state law that merely burdens interstate commerce is more likely to be constitutional.
What is the Dormant Commerce Clause?
Under the Dormant Commerce Clause, if Congress has not enacted laws regarding a subject, a state or local government may regulate local aspects of interstate commerce if the regulation:
1) Does not discriminate against the out-of-state competition to benefit local economic interest, and;
2) Is not unduly burdensome (that is, the incidental burden on interstate commerce does not outweigh the legitimate local benefits produced by the regulation)
State or local regulations that discriminate against interstate commerce
State or local regulations that discriminate against interstate commerce to protect local economic interest are almost always invalid as violations of the negative implication of the Commerce Clause (or “Dormant Commerce Clause)
- For regulation to discriminate against interstate commerce, it must treat economic interest from within the state differently from economic interest from outside of the state.
- Discriminatory regulations are valid if they are necessary to achieve an important noneconomic state interest and there are no reasonable alternatives available.
- Regulations are discriminatory if they distinguish between in-state- and out-of-state businesses or consumers.
- If a state law that treats local out-of-state interest alike nonetheless burdens interstate commerce, it will be valid unless the burden outweighs the promotion of a legitimate local interest.
Market Participant Exception
Although discriminatory regulations are almost always invalid under the Dormant Commerce Clause, an exception exists for when states act as market participants.
- The Commerce Clause does not prevent a state from preferring its own citizens when the state is buying or selling goods or services.
State Action
State action is required in order to sue under the First, Fourteenth, or Fifteenth Amendment.
General rule: If a plaintiff is suing under the First, Fourteenth, or Fifteenth Amendment (for free speech, due process, Equal protection Clause issues, or Voting rights) the plaintiff needed to find a government actor or action “fairly attributable to the government.” (One cannot sue a business or a private individual for, say, violating one’s free speech rights under the First Amendment.)
When is State Action Present?
State action is present when a state passes a law when a state permits its officials to take action, when a private actor is performing a traditional and exclusive government function (e.g., conducting elections, or running a company town—this is pretty narrow), or when private action is closely controlled by the state.
What is the Fourteenth Amendment Equal Protection Clause?
The Fourteenth Amendment Equal Protection Clause prohibits states from unfairly treating similarly situated persons differently.
How does the court determine whether a law violates the Equal Protection Clause?
To determine whether a law violates the Equal Protection Clause, the court first considers whether a discriminatory classification exists. If so, the court determines the standard of review to use by considering whether a suspect classification is involved.
Strict scrutiny standard of review
The government must prove that the law is narrowly tailored (necessary) to achieve a compelling interest.
Strict scrutiny applies to fundamental rights, racial or ethnic discrimination, and alienage when the classification is made by the state (though there are exceptions for alienage where strict scrutiny does not apply—e.g., if the public-function doctrine applies or if the law regulates illegal aliens).
Intermediate Scrutiny
The government must prove the classification is substantially related to an important government interest. This applies to classifications regarding gender and illegitimacy.
Rational basis standard of review
The court will uphold the law unless the plaintiff can show that the law is not rationally related to a legitimate government interest. This applies to every other classification—poverty, wealth, age, education, etc.
