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
