Constitutional Law Flashcards
Validity of a state tax under CC
A tax is valid under the Commerce Clause if: (i) the tax does not discriminate against interstate commerce; (ii) there is a substantial nexus between the activity taxed and the taxing state; (iii) the tax is fairly apportioned; and (iv) the tax fairly relates to services or benefits provided by the state.
speech restrictions - public forum
content based –> strict scrutiny
content neutral –> important interest that is tailored, leaves open alternate channels
speech restrictions - limited public forum
viewpoint based –> strict scrutiny
other –> rational basis
privileges and immunities clause
Article IV
states cannot discriminate against nonresidents as to commercial activities or fundamental rights
Test: is the law necessary to an important government purpose; no less restrictive means available
Note: applies only when there is discrimination
privileges or immunities clause
14th amendment
states cannot deny citizens the privileges or immunities of national citizenship (right to petition Congress, right to vote, right to interstate travel)
-relevant for denials/waiting periods for NEW residents vs. old residents
article III jurisdiction requirements (3)
- no advisory opinions
- ripeness/mootness
- standing
definition of an advisory opinion
1) no actual dispute between parties
OR
2) no legally binding effect on parties
requirements to establish ripeness before a law is enforced
- issues are fit for judicial decision
- plaintiff would suffer substantial hardship in the absence of review
exceptions to mootness (3)
- controversies evade review because of inherently short duration
- defendant voluntarily stops practice but is free to resume it
- class actions where representative’s claim is moot but others are viable
components of standing
- injury in fact
- causation
- redressability
requirements for third party standing
- plaintiff has standing
- it’s difficult for third party to assert their rights
- there is a sufficient nexus between the claimant and the third party
spending power conditions, requirements
- clearly stated
- relate to purpose of a program
- not unduly coercive
- don’t violate the Constitution
one person, one vote principle (state vs. congressional elections, where doesn’t apply)
state/local elections:
populations of voting districts must be substantially equal
congressional elections:
states must use almost exact mathematical equality
apportionment of congressional representatives is entitled to deference
doesn’t apply: at large elections, officials who deal with special interests (water storage districts)
contract clause
- does not apply to the federal government
- legislation that interferes with private contracts: invalid unless serves an important public interest + reasonably tailored
- legislation that interferes with public contracts: heightened scrutiny
definition of obscenity
appeals to the prurient interest (community standard) patently offensive (community standard) lacks serious value (national, RP standard)
