Constitutional Law Flashcards
Standing
Article III of the Constitution limits federal court to actual cases and controversies. Plaintiff must have standing.
STANDING exists when the plaintiff:
1) personally suffered an injury in fact (concrete and particularized);
2) the injury was caused by the defendant;
AND
3) the injury is redressable by a court order.
Commerce Clause
Constitutional grant of Authority to Congress to regulate commerce between the States, foreign nations, and Indian tribes.
Congress may regulate:
1) the channels of interstate commerce (highways and phone lines);
2) the people and instrumentalities that work and travel in interstate commerce (cars, airplanes, pilots, flight attendants);
**AND**
3) economic/commercial activities that have a **substantial effect on interstate commerce*
Equal Protection
Equal protection clause prohibits the government from denying citizens equal protection of the laws
Equal Protection Clause for States = 14th Amendment
Equal Protection Clause for Fed = 5th Amendment
Due Process - Substantive
pertains to the government’s power to regulate certain activities under the Due Process Clause of the 14th Amendment (states)/5th Amendment (fed)
When the government attempts to regulate fundamental rights, it must satisfy strict scrutiny test.
When the government attempts to regulate activities that are “non-fundamental rights” - rational basis test.
Due Process - Procedural
Guarantees that no person shall be denied life, liberty, or property without due process of law
Matthews v. Eldridge factors
1) the importance of the private interests being affected;
2) the risk of error under current procedures and the value of additional procedures;
AND
3) the importance of state interests
First Amendment - Freedom of Speech
Content-Based Restrictions receive Strict Scrutiny review.
Content-Neutral Restrictions receive Intermediate Scrutiny review.
First Amendment - Freedom of Religion/Establishment Clause
A law that has some relationship to religion but that DOES NOT discriminate against religion will be upheld if:
1) it has a secular purpose;
2) its primary effect does not advance or inhibit religion;
AND
3) it does not excessively entangle the government with religion.
Dormant Commerce Clause
A state or local government may regulate interstate commerce if Congress has not enacted laws on the subject matter.
If Congress already has enacted laws, then state law is pre-empted
Discriminatory Commerce Regulations by State/Local Govt
A law is deemed discriminatory when it is either
a) facially discriminatory
OR
b) the law has a discriminatory impact because it favors in-state commerce ove out of state.
Discrimination against out-of-state commerce is unconstitutional UNLESS
a) strict scrutiny (narrowly tailored, legitimate interest, lightest impact)
OR
b) the state is a market participant, instead of regulator
Dormant Commerce Clause
A state or local government may regulate interstate commerce if Congress has not enacted laws on the subject matter.
If Congress already has enacted laws, then state law is pre-empted
Scrutiny Applied
Strict Scrutiny - Race, National origin, alienage, fundamental right, right to vote, religion, access to court, interstate travel
Intermediate Scrutiny - Quasi-Suspect Class - Gender/Sex, non-marital children, sexual orientation
Rational Basis - All other classes (age, disability, wealth, documentation status.
Discriminatory Commerce Regulations by State/Local Govt
A law is deemed discriminatory when it is either
a) facially discriminatory
OR
b) the law has a discriminatory impact because it favors in-state commerce ove out of state.
Discrimination against out-of-state commerce is unconstitutional UNLESS
a) strict scrutiny (narrowly tailored, legitimate interest, lightest impact)
OR
b) the state is a market participant, instead of regulator
Strict Scrutiny Standard
Narrowly Tailored to advance a compelling government interest with the least restrictive means possible
Scrutiny Applied
Strict Scrutiny - Race, National origin, alienage, fundamental right, right to vote, religion, access to court, interstate travel
Intermediate Scrutiny - Quasi-Suspect Class - Gender/Sex, non-marital children, sexual orientation
Rational Basis - All other classes (age, disability, wealth, documentation status.
Dormant Commerce Clause
A state or local government may regulate interstate commerce if Congress has not enacted laws on the subject matter.
If Congress already has enacted laws, then state law is pre-empted
Discriminatory Commerce Regulations by State/Local Govt
A law is deemed discriminatory when it is either
a) facially discriminatory
OR
b) the law has a discriminatory impact because it favors in-state commerce ove out of state.
Discrimination against out-of-state commerce is unconstitutional UNLESS
a) strict scrutiny (narrowly tailored, legitimate interest, lightest impact)
OR
b) the state is a market participant, instead of regulator
Strict Scrutiny Standard
Narrowly Tailored to advance a compelling government interest with the least restrictive means possible
Intermediate Scrutiny Standard
Substantially related to an important government interest.
Intermediate Scrutiny Standard
Substantially related to an important government interest.
Intermediate Scrutiny Standard
Substantially related to an important government interest.
Rational Basis
Fundamental Rights
1) Right to Vote
2) Rights to Interstate Travel
3) Right to Privacy (and family)
Dormant Commerce Clause
A state or local government may regulate interstate commerce if Congress has not enacted laws on the subject matter.
If Congress already has enacted laws, then state law is pre-empted
Discriminatory Commerce Regulations by State/Local Govt
A law is deemed discriminatory when it is either
a) facially discriminatory
OR
b) the law has a discriminatory impact because it favors in-state commerce ove out of state.
Discrimination against out-of-state commerce is unconstitutional UNLESS
a) strict scrutiny (narrowly tailored, legitimate interest, lightest impact)
OR
b) the state is a market participant, instead of regulator
Strict Scrutiny Standard
Government must show - Narrowly Tailored to advance a compelling government interest with the least restrictive means possible
Intermediate Scrutiny Standard
Government must show - Substantially related to an important government interest.
Scrutiny Applied
Strict Scrutiny - Race, National origin, alienage, fundamental right, right to vote, religion, access to court, interstate travel
Intermediate Scrutiny - Quasi-Suspect Class - Gender/Sex, non-marital children, sexual orientation
Rational Basis - All other classes (age, disability, wealth, documentation status.
Rational Basis
Plaintiff must show - classification not rationally related to any legitimate government interest
Fundamental Rights
1) Right to Vote
2) Rights to Interstate Travel
3) Right to Privacy (and family)
