Constitutional Law 19-26 Flashcards
Express Preemption vs. Implied Preemption
Express: When federal legislation specifically states that the federal law is exclusive.
Implied: Occurs either through:
Direct conflict with the state law;
Through field preemption; OR
When the state law substantially interferes with the objective of the federal law.
*Validly enacted federal laws will always preempt conflicting state laws.
Priority: Medium
When will a court find “state action” for private conduct?
When the conduct involves either:
A traditional public function – powers traditionally and exclusively reserved to the government; OR
When significant government involvement existsto authorize, encourage, or facilitate private conduct that is unconstitutional.
Priority: Medium
What 3 Amendments have notbeen incorporated to the states through the Incorporation Doctrine?
3rd Amendment (Freedom from quartering soldiers)
5th Amendment (right to indictment by a grand jury)
7th Amendment (right to jury trial in civil cases)
Priority: Medium
What does the 13th Amendment prohibit?
Involuntary servitude. It applies to bothgovernment and private actors.
Priority: Low
Substantive Due Process
Fundamental Rights Test
vs.
Non-Fundamental Rights Test
Fundamental: To regulate rights, government must satisfy strict scrutiny (law is necessary to serve a compelling government interest). Rights include: right to vote, right to interstate travel, and right to privacy.
Non-Fundamental: The government may regulate activities not deemed fundamental rights so long as it meets the rational basis test(the law is rationally related to a legitimate government interest).
Priority: HIGH
Procedural Due Process
Deprivation of Liberty vs. Deprivation of Property
Liberty: When the government deprives an individual of a freedom provided by the Constitution or statute.
Property: When an individual has an entitlement that is not fulfilled (i.e. welfare or security benefits).
*The Due Process Clause guarantees that no person shall be denied life, liberty, or property without due process of the law.
Priority: HIGH
Procedural Due Process
What are the three Matthew v. Eldridge factors?
The court balances:
The importance of the private interestsbeing affected;
The risk of errorunder current procedures and the value of additional procedures; AND
The importance of state interests and the burdens on the government that would arise from additional safeguards.
Priority: HIGH
Equal Protection Clause
What must the government show under Strict Scrutiny, and when will courts apply it?
The government must show that a classification is necessary to serve a compelling government interest.
Courts will apply strict scrutiny when:
Classification is based on suspect class (race, origin); OR
When the law infringes on a fundamental right for a class of people.
*Alienage is a suspect class ONLY when a state is involved.
Priority: HIGH
