Constitutional Law 27-34 Flashcards
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.
When will laws that discriminate against non-residents be upheld?
If the state is justified for the discrimination, then the laws will be upheld when:
There is a substantial reason for the difference in treatment; AND
The discriminatory law has a substantial relationship to that reason.
Priority: Medium
