Constitutional Law Flashcards
Define
Strict Scrutiny
The government must prove that the law is necessary (narrowly tailored) to achieve a compelling interest
Burden of proof: government
Define
Intermediate Scrutiny
The government must prove that the classification is substantially related to an important interest
Burden of proof: government
Define
Rational Basis
The plaintiff must prove that the law is not rationally related to a legitimate government interest
Burden of proof: plaintiff
When does strict scrutiny apply?
- Fundamental rights
- Racial or ethnic discrimination
- Alienate (when classification is made by a state, though there are exceptions)
When does intermediate scrutiny apply?
To classifications regarding gender and illegitimacy
When can Congress abrogate a state’s immunity under the 11th Amendment?
When
(1) The statute the plaintiff is suing under expressly states that Congress abrogrates the state’s immunity under the 11th Amendment
(2) The statute relates to enforcemet of the 13th, 14th or 15th Amendment
When does the 11th Amendment apply?
When a plaintiff is suing a state, state agency, or state official in federal court.
What are the 3 elements relating to the justiciability doctrine or a plaintiff’s standing?
1) Injury-in-fact --> P has sustained an injury-in-fact or there is imminent threat of injury (ripeness –> has the harm occurred yet?)
2) Causation –> P’s injury can be traced to D’s conduct
3) Redressability –> Court will be capable of doing something to correct or make up for the injury (mootness –> issue is resolved already)
What are Congress’s powers under the Commerce Clause?
Congress has the power to regulate
(1) the channels and instrumentalities of interstate commerce
(2) Persons and things in interstate commerce
(3) Or anything that has a substantial effect on interstate commerce
When can Congress use the aggregation doctrine under the Commerce Clause?
When seeking to regulate activity that is commercial in nature, Congress can determine whether the activity has a substantial effect on interstate commerce by analyzing the activity in the aggregate
What are the three standards of review under the Equal Protection Clause and when do they apply?
Strict scrutiny –> Fundamental rights, racial or ethnic discrimination, and alienage
Intermediate Scrutiny –> Gender and illegitimacy
Rational basis –> Every other classification (poverty, wealth, age, education, etc.)
When can SCOTUS grant writ to review a state court’s judgments?
SCOTUS only has jurisdiction to review state court judgments if they are based on federal law
It cannot review a decision made on adequate and independent state grounds.
Adequate –> State law fully resolves the matter
Independent –> Court did not rely on federal law in its decision
What is an ex post facto law?
A criminal statute that retroactively imposes punishment
Federal government and state are both barred from passing this kind of law
What are the main 14th Amendment protections?
1) Equal Protection
2) Due Process (procedural and substantive)
3) Privileges and Immunities
What are 4 kinds of restrictions on the 2nd Amendment that SCOTUS has found permissible?
- Banning unusually dangerous firearms
- Prohibiting possession by felons or the mentally ill
- Prohibiting open carry in certain areas or concealed carry in public
- Imposing conditions/qualifications on the commercial sale of firearms
What are exceptions to a state’s immunity under the 11th Amendment?
Exceptions:
- State consents to suit
- Immunity removed by Congress pursuant to enforcement of the 13th, 14th, or 15th Amendment
- State official sued for injunctive or declaratory relief
- Damages to be paid by state officer personally (not state treasury)
- State official sued for prospective (not retroactive) damages to be paid by state treasury
What is substantive vs. procedural due process?
Substantive due process –> deprives life, liberty, or property without adequate justification
Procedural due process –>
What are the requirements for an indirect federal tax to comply with the taxing and spending clause?
- The tax is identical in every state where the taxed goods are located
- The tax is reasonably related to revenue production
What are the requirements for a direct federal tax to be constitutional?
What is a direct tax?
What is an indirect federal tax?
What is an export tax and is it constitutional?
When are public employees considered to have a protected property interest in their employment?
What is the Lemon test and when is it applied?
The Lemon test applies to Establishment clause challenges
The Lemon test upholds government actions that
(1) Have a secular purpose
(2) Have a primary effect that does not advance/inhibit religion
(3) Does not foster excessive government entanglement with religion
What is the purpose of the Establishment Clause of the First Amendment?
It prohibits the government from “establishing” a religion
What is the test for contribution restrictions?
Intermediate scrutiny
Is it closely drawn/substantially related to an important government interest?
When the government burdens a religious belief or conduct, what are the standards of review for a
(1) Direct Burden
and
(2) Indirect Burden
Direct Burden –> strict scrutiny
Incidental Burden –> rational basis
What are the suspect classes?
What are the fundamental rights?
What are the quasi-suspect classes?
What kinds of speech are unprotected?
