Constitutional Law Flashcards
Due Process
The Due Process Clause of the 14th Amendment provides that the state government may not deprive a person of life, liberty, or property without due process of law.
Procedural Due Process
Procedural Due Process (PDP) requires the government to use fair process before intentionally depriving a person of life, liberty, or property
Procedural Due Process Test
(1) Has there been a deprivation of life, liberty, or process?
(2) What process is due?
Procedural Due Process Test
For judicial proceedings: Right to a hearing, counsel, call witnesses, a fair trial, and appeal.
For Non-Judicial Weigh:
(1) The individual’s interest in the right;
(2) The added value of the procedural safeguards used and the possibility of substitute procedural safeguards, and;
(3) The government’s interest in fiscal and administrative efficiency.
Standing
To establish standing a plaintiff must demonstrate an injury in fact, caused by the defendant’s act, and redressable by judicial action.
Injury
An injury in fact must be concrete and particularized
Causation
The plaintiff must show the injury is traceable to the defendant’s conduct.
Redressability
A plaintiff must demonstrate that a favorable decision will eliminate the grievance.
State Action, Standing, Ripeness, Mootness
State Action: Plaintiff must show that the violation is attributable to government action, when a government entity does something. Generally, private action will not constitute government action unless they are essentially intertwined.
Standing. Standing is required for a plaintiff to bring a claim. Standing must find that there was an (1) injury-in-fact; (2) causation; and (3) redressability
i. Injury in fact is a concrete and particularized injury experienced by the plaintiff
ii. Causation occurs when the governmental action results in the harm to the plaintiff. This can be found be using a but-for test
iii. Redressability is the ability for the court to grant relief to the plaintiff.
Ripeness: A case is ripe for review when there is an actual harm or an immediate threat of harm.
Mootness: A case is moot if the dispute has ended or been resolved before review.
Free Exercise Clause
The government cannot prohibit or seriously burden the exercise of religion, but may regulate under a law of general applicability if it does not intentionally burden religious conduct and advances important public interests.
If there is a substantial burden, the Religious Freedom Restoration Act requires the regulation to meet strict scrutiny.
Evaluate:
- Religious Belief being prohibited?
- Religious conduct?
- Law of general applicability - rational basis
- Strict scrutiny?
Establishment Clause
The Establishment Clause prohibits laws respecting the
establishment of religion. A law that incidentally favors one religion over another but is designed to benefit a wide variety of people is permissible.
- Sect preference: If the government regulation has a patent preference for one religion, it is subject to strict scrutiny.
- If the government regulation is facially neutral: It is subject to the “historical practices and understandings” test which examines a religions historical practices in the context of the religion, the United States, and religion generally.
Procedural Due Process
Protects the life, liberty, and property rights of people in the United States. In assessing if there had been a violation of the pDP clause, a court will first determine which right was deprived. Second, they will determine whether sufficient due process was afforded.
i. Liberty interests include fundamental rights (FVIP). Property rights are loosely defined and include almost any legitimate claim of entitlement, such as rights provided w/in an employment contract.
Right to Continued Government employment: Public employers must provide employees with due process protections before depriving their employees of a property interest int heir employment.
a. However, at will or probationary employees must be given assurances of continued employment to have a property interest
2. Right to Contract Terms/Right to Wages – Property Right takings: Protectable right in the term of contract for agreed upon wages and withholding was a taking,
3. First Amendment – Right to Exercise Free Speech Rights (Liberty Right): An “at-will” government employee cannot be fired for having engaged in speech protected by 1st A.
Procedural Due Process typically requires pre-termination notice and a post-termination hearing. Except for welfare benefits which require a pre-termination hearing.
11th Amendment
The 11th Amendments immunizes state’s from suits from citizens.
Ex Parte Young Injunctions: If a **state official **is named as the defendant, the state official may be enjoined from enforcing a state law that violates federal law or may be compelled to act in accord with federal law despite state law to the contrary. No damages.
Taxpayer Standing - A taxpayer may sue a state for Establishment Clause violations. =
Commerce Clause
The Commerce Clause allows Congress to regulate all interstate commerce and the instrumentalities of interstate commerce.
Congress may also regulate intrastate commerce if the intrastate actions would have a substantial effect on interstate commerce in the aggregate.
Non-Delegation Doctrine
Because Congress is vested with “all legislative powers” it usually may not delegate that power to any other branch of government. However, delegation of some power is allowed to the executive branch if there is an “intelligible principle”