Constitutional Law Flashcards
Central Hudson Test
- Serves substantial government interest
- Directly advances the interest
- Narrowly tailored to serve the substantial interest
- Reasonable fit (not least restrictive)
When does private actor become public?
A. performing exclusively public function, or
B. Took actions with significant state involvement
When is a congressional taxing measure ok?
If it bears reasonable relationship to revenue production
When is a congressional spending measure ok?
- Conditions clearly stated
- Conditions relate to purpose of program
- Conditions are not unduly coercive
When is a taking ok for a discretionary purpose?
- Essential nexus between public need and permit condition enacted, and
- required condition is roughly proportional
What do you weigh to determine whether there is an economically viable use for property?
a. social goals
b. diminution in value to owner
c. whether regulation substantially interferes with distinct, investment-backed objectives
Alternatively, physical taking of property or physical invasion by third party
Privileges AND Immunities
Article IV problem that arises when a state discriminates against a non-resident
Privileges OR Immunities Clause
Fourteenth Amendment. States can’t deny the privileges of national citizenship. Right to travel. (Ex: can’t get certain benefit if not lived here long enough)
When is a nondiscriminatory state tax on interstate commerce valid?
- substantial nexus
- fairly apportioned
- fair relationship between the tax and the services or benefits provided by the state.
Test for regulation of symbolic conduct
i) the regulation is within the constitutional power of the government
(ii) it furthers an important governmental interest
(iii) the governmental interest is unrelated to suppression of speech; and
(iv) the incidental burden on speech is no greater than necessary
When is a use tax valid?
If it equalizes in-state and out-of-state commerce
What are the three types of forums?
- Public Forum
- Limited Public Forum
- Nonpublic Forum
What is a limited public forum and what restriction is allowed?
When a governmental entity deliberately opens government property to the public for meetings or other forms of speech. The same rules apply as a public forum then.
What is a nonpublic forum and what restriction is allowed?
State’s interest is important or substantial and unrelated to freedom of expression. Regulation is no greater than necessary to serve the state’s interest.
What standard is applied to content-neutral regulations of speech in a public forum?
Intermediate scrutiny. Reasonable time, place, and manner restrictions that are narrowly tailored to serve a significant government interest. Must leave open ample alternative opportunities to engage in speech.
