Constitutional Law

Question 1

What does Strict Scrutiny apply to and what is it?

Answer 1

Applies to suspect classifications (e.g., race, national origin, alienage) or laws affecting fundamental rights. The government must show the law is** narrowly tailored** to achieve a compelling government interest.

Question 2

What does Rational Basis apply to and what is it?

Answer 2

Applies to all other classifications (e.g., age, wealth, disability). The challenger must prove the law is not rationally related to a legitimate government interest.

Question 3

What does Intermediate Scrutiny apply to and what is it?

Answer 3

Applies to quasi-suspect classifications (e.g., gender, illegitimacy). The government must prove the law is substantially related to an important government interest.

Question 4

How does the Equal Protection Clause of the 14th Amendment require the government to treat people?

Answer 4

The Equal Protection Clause, applied to states through the Fourteenth Amendment and the federal government via the Fifth Amendment, requires that similarly situated entities be treated equally.

Question 5

What does the Privileges and Immunities Clause of Article IV, Section 2 prohibit?
(P&I 4-2)

Answer 5

The Privileges and Immunities Clause of Article IV, Section 2, prohibits states from discriminating against non-residents with respect to fundamental rights or essential activities. Such laws are evaluated under intermediate scrutiny.

Question 6

What does the Privileges and Immunities Clause of the 14th Amendment prohibit?
(P&I 14)

Mnemonic: “Tall Penguins Vote Proudly”

Answer 6

The Privileges and Immunities Clause of the Fourteenth Amendment prohibits states from infringing on the rights of federal citizenship, such as:

• The right to travel freely between states
• The right to petition the federal government
• The right to vote in federal elections (where applicable)
• Access to federal protections and services

It does not protect most civil rights derived from state citizenship.

Question 7

What powers do states have under the 10th Amendment?

Answer 7

States have the power to enact laws to protect the health, safety, welfare, and morals of their citizens.

Question 8

What criteria must a state tax on interstate commerce meet?
Mnemonic “NADR- like Ralph”

Answer 8

A state tax on interstate commerce is valid if
1) it has a substantial nexus to the state,
2) is proportionally allocated to avoid overreaching into other states,
3) does not discriminate against out-of-state commerce, and
(4) is fairly related to the services provided by the state.

Question 9

What does the Dormant Commerce Clause prohibit?

Answer 9

The Dormant Commerce Clause (DCC) prohibits states from enacting laws that discriminate against or unduly burdening interstate commerce.

Individuals, corporations, and aliens can sue under the DCC to challenge discriminatory or burdensome state regulations.

Question 10

What can Congress regulate under the Commerce Clause?

Answer 10

Congress can regulate:
interstate commerce,
commerce with foreign nations, and
local acts with a substantial effect on interstate commerce.

Question 11

State Action

Answer 11

Violations must be committed by a state actor, which includes government entities, officials acting in their official capacity, or private parties whose conduct is fairly attributable to the state.

Question 12

What are exceptions to the 11th Amendment (consent to sue a state)?

Answer 12

1. Lawsuits between states.
2. Federal government suing a state.
3. Lawsuits against state officers.

Question 13

11th Amendment

Answer 13

A state cannot be sued by its own citizens or citizens of another state without its consent.

Question 14

Standing

Answer 14

To have standing a party must have:

1. An injury in fact that is concrete, particularized, and actual or imminent;
2. The injury must be fairly traceable to the challenged action; and
3. It must be redressable, meaning a favorable court decision would remedy their injury.

Question 15

Organizational Standing

Answer 15

An organization can show standing if:
(1) the organization exists to advance the interests of the members;
(2) the members have standing; and
(3) the claim does not require the presence of all the members.

Question 16

Spending Clause

Mnemonic: GRUNC

Answer 16

Congress may condition funding to states if:
* The spending promotes the General welfare;
* The conditions are Related to the federal interest in the program;
* The conditions are Unambiguous;
* The conditions do Not violate any other constitutional provision; and
* The conditions are not unduly Coercive.

Question 17

Fundamental Rights under the Privileges and Immunities Clause
(Article IV, Section 2)

Mnemonic “C.A.P.” like Captain America.

Answer 17

Fundamental rights under P&I 4-2 are those **essential to interstate harmony **and national unity, including:

access courts;
the advancement or pursuit of a livelihood, and
own or transfer property.

Question 18

Whare are Fundamental Rights under the Due Process Clause
(Fifth and Fourteenth Amendments)
Mnemonic: “Please Make Freedom Belong to All”

Answer 18

Fundamental rights under the Due Process Clause are those deeply rooted in the nation’s history and tradition, including rights to:

• Privacy,
• Marriage,
• Family,
• Bodily autonomy, and
• Access to justice.

Question 19

What are Fundamental Rights under the Equal Protection Clause
(Fourteenth Amendment)

Mnemonic: “Examples Include V.E.T.”

Answer 19

Fundamental rights under the Equal Protection Clause are those explicitly or implicitly guaranteed by the Constitution, such as:

• the rights to vote,
• access equal protection under the law, and to travel

Subject to strict scrutiny.

Question 20

Standing Causation

Answer 20

Harm must be fairly traceable to the challenged harm.

Question 21

Standing Redressability

Answer 21

A favorable court ruling must likely remedy the harm.

Question 22

13th Amendment

Answer 22

Prohibits involuntary servitude except as punishment for a crime after conviction.

Question 23

Takings Clause
(5th Amendment)

Answer 23

The government cannot take private property for public use without compensation.
Two types:
Physical - Permanent or temporary occupation or seizure of property.
Regulatory - A regulation constitutes a taking if it denies the property owner all economically viable use of their property.

Question 24

Penn Central Test
(5th Amendment Regulatory Taking)

Answer 24

If the regulation excessively or **unreasonably restricts **property’s use w/o entirely destroying all economic value, the courts decide if it is a taking by balancing:

1) the **economic impact **on the owner;
2) the extent of interference with investment backed expectations; and
3) the character of the government action.

Question 25

What level of scruinty is applied to Content-Neutral Restrictions on speech?

Mnemonic: “N.A.S.”

Answer 25

Intermediate scrutiny.

They must:
* be narrowly tailored;
* leave open ample alternative communication channel; and
* serve a significant government interest.

Question 26

Content-Based Restrictions

Answer 26

Content based laws regulating speech are presumptively invalid and must meet strict scrutiny.

The government must prove:

1) A compelling government interest;
2) the law is narrowly tailored to that interest; and
3) it used the least restrictive means.

Question 26

Procedural Due Process

Answer 26

Requires fair procedures before the government deprives a person of life, liberty, or property. This typically includes notice and a hearing.

Question 27

Matthews Factors
(Procedural Due Process)

Answer 27

The Matthews Test balances:

The private interest affected,
The government’s interest, including efficiency, and
The risk of error and the value of additional safeguards.

Question 28

When can Commercial Speech be restricted?

Memonic: “Lawful Ads - Substantial Needs”

Answer 28

Commercial Speech is protected if it concerns lawful activity and is not misleading.

Restriction is valid if the regulation directly advances a substantial government interest, and is not more extensive than necessary.

Example : A law that bans cigarette advertisements on television and radio.

Question 29

What is Symbolic Speech and when can it be restricted?

Mnemonic: I.N.S

Answer 29

**Conduct or actions intended to convey a particular message or idea, where the likelihood is high that the observers will understand the intended expression.

Regulation is permissible if:
* it advances an important, non-speech related interest;
* it is narrowly tailored; and
* is not aimed at suppressing expression.

Example is burning draft cards.

Question 30

What is a Prior Restraint and when is it valid?

Answer 30

A law that prohibits speech before it occurs.

The government must show that a restraint serves a compelling government interest and that there are no less restrictive means to achieve that interest.

Question 31

Anti-Commandeering Doctrine

Answer 31

The federal government cannot compel states to pass laws or administer federal programs.

Question 32

When are facially discriminatory state laws valid under the DCC?

Mnemonic: “Local Ports Need Attention”

Answer 32

If a state law discriminates on its face or favors in state economic interest against out-of-state commerce, it is subject to strict scrutiny.

The state must prove:

• the law serves a Legitimate state Purpose ;
• that cannot be served by any Nondiscriminatory Alternative.

Question 33

Are Non-Discriminatory Laws valid under the DCC?

Mnemonic: “Big Burdens Defy Justice”

Answer 33

Facially neutral laws are invalid if the burden on interstate commerce clearly outweighs the local benefits.

Courts apply the Pike balancing test.

They evaluate (1) the degree of burden on commerce and (2) whether the local benefits justify the burden.

Question 34

DCC Exceptions

Answer 34

Market Participant: States may favor in-state businesses when acting as a market participant (e.g., purchasing goods for state use) rather than as a regulator.

Congressional Authorization: If Congress consents to the regulation, the DCC does not apply.

Question 35

Vagueness

Answer 35

A law is vague if people of common intelligence are forced to guess its meaning.
The law is void if it fails to provide clear guidance on what conduct is prohibited.

Question 36

Overbreadth

Answer 36

An overbreadth claim asserts that a law as written, will deter constitutionally protected expression by parties not before the court.

The law is invalid if it regulates substantially more speech than necessary.

Question 37

Establishments Clause

Answer 37

Government actions are valid if consistent with historical practice and traditions regarding church-state relations, focusing on the understanding at the time of the Constitutions’ framing.

Question 38

Free Exercise Clause

Answer 38

Religious practices are protected if based on sincerely held beliefs, regardless of the religions’ size, popularity, or acceptance by mainstream society.

Neutral and generally applicable laws are valid unless they substantially burden religious practice, in which case strict scrutiny applies.

Question 39

Standing Injury-in Fact

Answer 39

The injury must be concrete, particularized, and actual or imminent.

Question 40

Mootness

Answer 40

A claim is moot if the controversy ceases to exist, unless itis capable of repetitions yet evading review.

Question 41

When is a claim Ripe?

Answer 41

A claim is ripe if the harm is imminent or certain, and not speculative.