Constitutional Law 19-34 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
Equal Protection Clause
What must the government show under Intermediate Scrutiny, and when will courts apply it?
The government must show that a classification is substantially related to an important government interest.
Courts will apply it when:
A classification is based on a quasi-suspect class(gender/sex, non-marital children, and most likelysexual orientation/gender identity).
Priority: HIGH
Equal Protection Clause
What classes does the Rational Basis test apply to, and what must a plaintiff show regarding the classification?
This test applies to ALL other classes not covered under strict or intermediate scrutiny (age, disability, undocumented aliens, etc.).
Under this test the plaintiff must show that the classification is not rationally related to any legitimate government interest.
*Indigent individuals are NOT a suspect class and need only meet the rational basis test.
Priority: HIGH
Takings (5th Amendment)
Possessory (per se) takings vs. Regulatory takings
Possessory: When the government physically takes or occupies the property (even just a small portion).
Regulatory: Is a taking when a regulation leaves no economically viable use of the property. To determine whether a taking occurred, courts balance the Penn CentralFactors:
The economic interest of the regulation on the claimant;
The extent of the interference; AND
The character of the governmental action.
Priority: HIGH
Use regulations MAY NOT be applied retroactively to prohibit a nonconforming use.
When will a non-conforming use lose its protection?
If it is:
Abandoned;
Substantially changed; OR
Destroyed.
*Termination of a non-conforming use can be done through amortization provisions, which require the termination of a use after a specific period of time (if reasonable it’s Constitutional).
Priority: Low
What factors are considered to determine if
spot zoning will be upheld?
The size of the specific area of land;
Whether the zoning is arbitrary or compatible with an existing comprehensive zoning plan; AND
The benefits and detriments to surrounding landowners.
Priority: Low
When does the Vested Rights Doctrine protect landowners from subsequent changes in zoning?
When:
Substantial construction has begun; AND
Substantial expenditures have been made in reliance on a valid permit.
*Generally, if no construction has begun, they WILL NOT receive vested rights to continue.
Priority: Low
Under the Privileges and Immunities Clause (Art. IV, Section 2), States CANNOT intentionally discriminate against non-residents concerning what?
Civil liberties (right to vote, travel); OR
Important economic activities (ability to earn a livelihood).
*Laws will be upheld if the state is justified for the discrimination.
