Constitutional Law

Question 1

What is Equal Protection?

Answer 1

When the government is treating people differently by singling out a class of people

Question 2

Is it constitutional to treat a class of people differently?

Answer 2

Generally, yes

Question 3

What are the three levels of scrutiny for Equal Protection cases?

Answer 3

• Strict Scrutiny
• Intermediate Scrutiny
• Rational Basis

Question 4

What classes triggers Strict Scrutiny?

Answer 4

Race, alienage, and national origin

Question 5

Test for

Strict Scrutiny

Answer 5

The government has the burden to show the law is necessary to achieve a compelling interest

Question 6

What classes trigger Intermediate Scrutiny?

Answer 6

gender and illegitimacy

Question 7

Test for

Intermediate Scrutiny

Answer 7

The government has the burden to show the law is substantially related to an important interest

Question 8

What triggers Rational Basis in EP question?

Answer 8

Everyone else

Question 9

Test for

Rational Basis

Answer 9

The plaintiff has the burden to show the law is not rationally related to a legitimate interest

Question 10

What is Substantive Due Process?

Answer 10

Government is taking away or regulating a right or liberties from all citizens

Question 11

What rights trigger Strict Scrutiny under Substantive Due Process?

Answer 11

• Right to Vote
• Free Speech
• Travel (interstate only)
• Right to contraception
• Right to marriage
• Right to procreation
• Right to give your child a private education
• Right to raise your family

Question 12

What is Procedural Due Process?

Answer 12

Protects persons against intentional deprivation of life, liberty or property w/o due process of law, i.e. notice and a hearing

Question 13

What types of rights need notice and a hearing?

Answer 13

• Government jobs
• Licenses
• Public benefits (unemployment, welfare, disability)

Question 14

Which amendments primarily deal with Due Process?

Answer 14

• 5th Amendment
• 14th Amendment

Question 15

What does the Privileges and Immunities clause address?

Answer 15

When the state or local government treats residents differently from non-residents

Looks a lot like a EP question so look for the words resident or it says its residents vs non-residents of a state

Question 16

What does the 13th Amendment prohibit?

Answer 16

Slavery.
If there is racial discrimination, then no state action required because private individuals cannot discriminate based on race

Question 17

What does the 15th Amendment address?

Answer 17

Voting and racial discrimination

Prohibits laws that prevents people from voting based on race

Question 18

What is the Takings Clause?

Answer 18

Government cannot take private property for public use without just compensation

Question 19

Define

Just Compensation

Answer 19

Fair market value of the property

Question 20

What is the definition of ‘public use’ in the context of the Takings Clause?

Answer 20

Any overall public benefit such as tax dollars, employment, or saving the economy

Question 21

What is the Establishment Clause?

Answer 21

The government cannot pass a law that formally establishes a religion

Question 22

New test for Establishmemt Clause

Answer 22

• neutrality; and
• follows historical and traditional practices

Question 23

What is the Free Exercise Clause?

Answer 23

Every citizen has the right to practice their religion as they choose

Question 24

What is required for a law to be constitutional under the Free Exercise Clause?

Answer 24

The law must be neutral to religion

Question 25

What are the two types of speech regulation?

Answer 25

* Content-based regulation * Content-neutral regulation

Question 26

# Define content-based regulation

Answer 26

Literally shutting the message down. When a group wants to meet, demonstrate, talk, form some form of expression and the government says they can't do it.

Question 27

What level of scrutiny for content based?

Answer 27

Strict

Question 28

# Define Content neutral regulation

Answer 28

regulation is neutral as to the content. The govenrment is just regulating time, place, and manner of the speech.

Question 29

What is the level of scrutiny for content-neutral regulation?

Answer 29

Content neutral triggers a form of intermediate scrutiny: * furthers significant governmental interest; and * leaves open alternative means of communication

Question 30

What test for regualtion of speech in a Public Forum?

Answer 30

Regulation must: * Must further a significant governmental interest * Leave open alternative means of communication

Question 31

What test for regualtion of speech in a Non-Public Forum?

Answer 31

Regualtion is reasonably related to a legitimate government interest

Question 32

What constitutes 'Unprotected Speech'?

Answer 32

* Obscenity * Clear and Present Danger * Fighting words * Commercial speech * False/Misleading Advertisements * Prior Restraint * Unfettered Discretion * Over broad/Vague Speech

Question 33

Commerical Speech is protected if:

Answer 33

it * is not false or deceptive; and * does not relate to unlawful activity

Question 34

Governement still can't regulate commerical speech:

Answer 34

if regualtion * serves a substantial gov’t interest * directly advances that interest; and * narrowly tailored to achieve that interest

Question 35

What is a Bill of Attainder?

Answer 35

When the state or federal government punishes an individual or group by name

Question 36

# Define an Ex Post Facto law

Answer 36

When the government is making something that was legal retroactively illegal ## Footnote Government is going back in time to make something illegal

Question 37

What does the Contracts Clause prohibit?

Answer 37

A state from expressly impairing someone's ability to enter into a contract ## Footnote The law has to expressly say that they can't enter into a specific type of contract

Question 38

# Define State Action

Answer 38

The Constitution generally protects against governmental action at any level (federal, state, local), not actions of private individuals

Question 39

Can private actors violate the federal constitution?

Answer 39

No, private actors can do whatever they want under the federal constitution

Question 40

# Exception to State Action

Answer 40

If the government is supplying enough support to an individual or private company that creates a nexus between them then there is state action