Constitutional Law

Question 1

Power of States to Regulate - Dormant Commerce Clause

Answer 1

Approach:
1. Article 1 Sec/8 Concurrent Power/10th Amendment
2. Facial Discrimination. Exceptions?
3. Balance Burden on IC
4. Alternative Means

If regulation does not discriminate intentionally against interstate commerce, it is given greater deference by the court.

a) If a state regulates evenhandedly
b) To effectuate a legitimate local public interest and
c) The effects on commerce are only incidental, it will be upheld, UNLESS
d) The burden on interstate commerce is excessive in relation to the putative local benefits.

Question 2

Equal Protection - Illegal Aliens

Answer 2

State discrimination against Illegal aliens has been judged according to intermediate scrutiny - quasi suspect class.

But, this is limited to Plyler v. Doe - state requiring illegal aliens of school age to pay a fee.

Federal Classifications: Not subject to strict scrutiny as Congress has plenary power over admission or exclusion of aliens.

Matthews v. Diaz: Congressional denial of medicare to certain classes of aliens upheld under rational basis.

Question 3

Freedom of Religion - Free Exercise Clause - Religious Belief?

Answer 3

the court is permitted to evaluate the genuineness or sincerity of the individual’s belief

The court is NOT permitted to gauge the truthfulness or reasonableness of the belief.