Constitutional Law

Question 1

1st amendment freedom of religion

Answer 1

govt can not prohibit or seriously burden the exercise of religion but may regulate if law is of general applicability which does not intentionally burden or benefits religion and advances important govt interest

Question 2

establishment clause

Answer 2

prohibits laws that respecting the establishment of religion
govt law that incidentally favors one religion over another but is designed to benefit a wide variety of people is ok
no sect preference - law is valid if:
secular purpose
primary effect neither advances nor inhibits religion
does not produce excessive entanglement with religion

Question 3

1st amendment freedom of speech

Answer 3

congress may make no law abridging the right to free speech

Question 4

content specific

Answer 4

restriction based on the content of speech. strict scrutiny and likely unconstitutional
narrowly tailored to achieve a compelling govt interest and narrowly tailored

Question 5

less protected speech

Answer 5

obscenity, fighting works imminent lawless action etc

Question 6

content neutral

Answer 6

regulation concerns the timing, not the content in a public or ltd/desig. public forum
content neutral
narrowly tailored
leaves open alternative avenues of communication

Question 7

equal protection

Answer 7

1he 14th amendment (applicable to the federal govt through the 5th) prohibits the govt from treating similarly situated persons differently
violation on its face - in statute or regulation
as applied - through the administration of statute
intent required for heightened scrutiny, not just incidental

Question 8

ep classification scheme

Answer 8

similarly situated persons treated differently
suspect (race, national origin,alienage,)
necessary for, compelling interest
intermediate (gender, parentage)
substantialy related to an important
nonsuspect
rationally related to a legitimate

Question 9

also fundamental rights subj to strict scrut under EP

Answer 9

voting
political candidate
access to courts
state to state migration

Question 10

freedom of association

Answer 10

recognizes an individual right to freely associate with other individuals in groups.
can limit if compelling govt interest not related to suppression of ideas and cannot be achieved through less restrictive means

Question 11

Commerce Clause

Answer 11

Congress has a broad power to regulate the things, channels and instrumentalities of interstate commerce, of foreign nations and of the Indian tribes
Intrastate - may regulate if rational basis that there is a substantial economic effect or in aggregate on IC, less powerful if non-economic

Question 12

DCC

Answer 12

restricts the states from regulating activity if discriminatory or unduly burdensome.
disc - facially discriminatory will only be permitted if it is necessary to achieve an important non-economic govt interest and no reasonable non-discriminatory alternatives avail
unduly burdensome - rational to legit plus balance test

Question 13

p and i

Answer 13

prevents a state from discriminating against non-citizens regarding rights to fundamental unity (jobs and stuff)

Question 14

takings

Answer 14

the government may not take private property under its police power without just compensation. requires rational relation to a conceivable public use

Question 15

per se taking

Answer 15

permanent physical invasion or denial of all economic value

Question 16

per se taking ifL

Answer 16

court will consider
economic impact on cliamant
extent to which regulation interfered with investment-backed regulations
character of govt action