Constitutional Law

Question 1

Public Use (Takings)

Answer 1

Rationally related to a conceivable public purpose.

Applies even if government takes and gives to third party for public use.

Question 2

State Immunity from Federal Law

Answer 2

10th Amendment: all powers not granted to federal government are reserved to states (unless expressly prohibited by the Constitution).

Congress cannot compel state legislation but can induce action by attaching restrictions and conditions on federal grants.

Question 3

Corporate and Union Political Expenditures

Answer 3

Political speech is fundamental right; government cannot suppress based on corporate identity.

Right to engage in political expenditures under First Amendment. Shareholders may regulate through “corporate democracy” (e.g., shareholder rights).

Question 4

Full faith and credit between state and federal courts

Answer 4

State courts:
- FF and C to proceedings of every state, territory, or possession
- Same force and effect to federal judgment as would give under preclusion rules of state in which federal court sits.

Federal courts:
- Must give state court judgment same preclusive effect as state court required to give another state court judgment.

Question 5

Discriminatory classification (Equal Protection)

Answer 5

• Law discriminatory on face
• Law facially neutral but applied in discriminatory manner
  OR
• Discriminatory motive (disparate impact of facially neutral law)

Question 6

Narrowly tailored: strict v intermediate scrutiny

Answer 6

Strict: least restrictive means to accomplish purpose
Intermediate: gov purpose would be achieved less effectively without regulation; does not burden substantially more speech than necessary