Constitutional Law

Question 1

11th AM. / Sovereign Immunity

Answer 1

States can’t be sued in Fed ct. unless

1. Fed govt sues
2. express waiver; or
3. Congress clearly removes immunity
4. State sues another state
5. suing state official re: abuse of power for enformcement of unconstitutional law.

Question 2

Fed Legislative Power: limitation: 10th Am.

Answer 2

Can’t compel states to regulate or act by may induce with strings on grants if expressly stated and related to purpose.

Question 3

Dormant Commerce Clause

Answer 3

State or local law is unconstitutional if it places excessive burden on interstate commerce.

Question 4

Individual Liberties: State Action

Answer 4

P must show violation attributed to govt avtion.

Private actors are not protected by Const.

Occurs if excessive state financial entanglement or where entitle performs public function.

entanglement - govt authorized, encourages or faciliates.

Question 5

Levels of Scrutiny

Answer 5

• Strict scrutiny
  
  • law must be necessary to achieve a compelling state interest (least restrive means)
  • suspect clasS: race, nationality, alienage under state law,
  • govt must prove.
• Intermediate Scrutiny
  
  • law must be substantially related to an important govt interest.
  • quasi-suspect clasS: gender/sex, non-marital children, sex orientation and gender id.
  • govt must prove
• Rational Basis
  
  • rationally related to legitimate govt interest
  • all other classes.
  • plaintiff must show not rational.

Question 6

Taking Clause 5th AM.

What constitutes a taking.

Taking for public use

Answer 6

private pro[erty may not be taken for public use without just compensation.

(1) Denial of all economic value or (2) decrease of economic value that leaves no economically viable use for the property.

Must be rationally related to a legitimate public purpose. if not, govt must pay for land or give land back + dmgs.

Question 7

Public Forum for Speech

Answer 7

Includes parks, sidewalks, etc.
Regs must be subject matter and viewpoint neutral. If not → Strict Scrutiny.

Regs must serve important gov’t purpose and leave open adequate alternate places for communication.

Question 8

Designated Forum

Answer 8

Govt properties which gvt allows open for speech.

content baded: strict scrutiny.

content neutral: govt may regulare time, place and manner if it satisfies intermediate scrutiny.

Question 9

Limited Forum

Answer 9

Govt properties limtied to certain groups or dedicated to discussion of limited tops.

Ok if reasonable and viewpoint neutral

Question 10

Non Public Forums for Speech

Answer 10

public place traditionally limited for speech- military bases, sidewalks of post office, ad space on buses, airports.

regulate speech if reasonable and viewpoint neutral.