Constitutional Law Flashcards
Standing
Federal courts will not hear a case unless the party bringing the suit has standing. To have standing, a litigant must have a concrete stake in the outcome of the controversy. A litigant will have a concrete stake if the litigant can show (i) that is has suffered an injury in fact, (ii) that is caused by the conduct complained of, and (iii) that can be remedied by a decision in the litigant’s favor. The injury need not be economic.
Organizational Standing
An organization will have standing to challenge government action that causes injury to its members if the organization can show (i) an injury to the individual members that would give the individuals a right to sue on their own behalf, (ii) that the injury is related to the organization’s purpose, and (iii) that neither the nature of the claim or the relief requested requires participation of the individual members in the lawsuit.
Supremacy Clause
The supremacy clause makes federal law the supreme law of the land. Under the supremacy clause, state laws can be preempted by federal law expressly or impliedly. There are three ways a federal law may impliedly preempt a state law: (i) conflict preemption, (ii) object preemption (impedes an objective of federal law), and (iii) field preemption (intent to occupy the field).
DCC
Congress’s power over interstate commerce is not exclusive. States may regulate local aspects of interstate commerce unless preempted by federal law. State laws that discriminate against interstate commerce will be held to violate the negative implications of the commerce clause unless the state can prove that the laws are necessary to achieve an important state interest. State laws that do not discriminate against interstate commerce will be upheld unless they unduly burden interstate commerce.
There is an exception allowing discrimination against interstate commerce when the state is acting as a market participant. Here, state is neither selling or buying anything under the statute [or opposite].
Article IV Privileges and Immunities
The privileges and immunities clause of the article IV provides that citizens of each state shall be entitle to the privileges and immunities citizens in the several states. It has been held to prohibit a state from discriminating against citizens of other states when the discrimination involves commercial activities or civil liberties. Privileges and immunities does not apply to corporations.
Takings
The fifth amendment applies to the states through the fourteenth amendment. The fifth amendment provides that government shall not take private property for public use without just compensation. The fifth amendment is a limit on power. A taking can be found where the government physically appropriates a person’s property, even if partial. A taking may also be found when a regulation affects the value or use of land. In such a case, a property own may bring an inverse condemnation action. In an inverse condemnation proceeding, if a regulation has deprived an owner of all economic value of the property, the government will be required to pay just compensation.
Regulations that merely decrease the value of the property do not constitute a taking if they leave an economically viable use for the property. The court considers the economic impact of regulations and whether the regulation substantially interferes with investment backed expectations of claimants.
Equal Protection Clause
The equal protection clause prohibits the government from unreasonably treating similarly situated persons in a dissimilar manner. The clause protects corporations as well as natural persons. If the government intentionally discriminates on the basis of race or national origin, or if a fundamental right is involved, strict scrutiny applies and the discriminatory action will be struck down unless the government can prove it is necessary to achieve a compelling government interest. If a quasi-suspect classification is the basis for the discrimination, the discriminatory action will be struck down unless the government can prove that it is substantially related to a legitimate government interest. When discrimination is based on gender, the Court has found that the government must show an exceedingly persuasive justification. If the discrimination is on any other basis, the challenger must prove that the discriminatory action is not reasonably related to a legitimate government interest.
Due Process
The Due Process Clause prohibits the government from acting unreasonably and arbitrarily. Under the due process clause, the test used to determine whether government action is arbitrary and rational depends on the interests involved. If the government action impacts the right to travel, privacy, voting, or First Amendment rights, strict scrutiny applies. In all other cases, the rational basis test applies.
The right to travel has been held to encompass the right to leave and enter another state and to be treated equally when becoming a resident.
The Fifth Amendment prohibits the government from denying a person of life, liberty, or property without due process of law. At a minimum, due process requires the opportunity to present objections to the proposed government action to a fair and neutral decisionmaker. Whether a life, liberty, or property interest is involved may be governed by state law.
First Amendment Speech
The First Amendment prohibits government infringement of the freedom of speech. As a general rule, the government may regulate the content of speech only if the regulation can meet strict scrutiny. The government must prove that the regulation is necessary to achieve a compelling government interest.
The government may regulate the conduct of speech—the time, place, and manner in which speech may take place. Public forums are government properties historically open for speech activities. Designated public forums are government properties not historically open for speech activities but which the government has thrown open for such activities generally. In public forums and designated public forums, TPM regulations must (i) be content neutral, (ii) be narrowly tailored for an important government interest and (iii) leave open alternative channels of communication.
Limited public forums are government properties not historically open for speech activities but which the government has opened for a particular purpose. Nonpublic forums are government properties not historically open for speech activities and not held open for speech activities in any way. In limited public forums and nonpublic forums, TPM regulations must be (i) viewpoint neutral and (ii) reasonably related to a legitimate government interest.
Commercial Speech
Determining whether a regulation of commercial speech is valid requires a two-step process. First, the court must determine whether the speech involves a lawful activity as is not misleading or fraudulent. Speech that does meet this test is not protected by the first amendment. Regulation of commercial speech will be upheld if (i) it serves a substantial government interest, (ii) it directly advances that interest, and (iii) it is narrowly tailored to serve that interest.
Free Exercise
The free exercise clause provides that government shall not interfere with the free exercise of religion. A belief does not have to be traditional to be protected. A belief will be treated as religious if it occupies a place in the believer’s life parallel to that of established religions. A court may also assess the sincerity of the person asserting a belief. The free exercise clause does not prevent the government from adopting religiously neutral laws, unless, or policies that incidentally interfere with a person’s religious believes.
Establishment Clause
The establishment clause prohibits the government from respecting an establishment of religion. The main test used to determine whether the establishment clause is violated by government action is the Lemon test. Under the Lemon test, government action will be found to violate the first amendment unless (i) the action has a secular purpose, (ii) the primary effect of the action neither advances nor inhibits religion, and (iii) the action does not produce excessive government entanglements between government and religion.
Tenth Amendment Commandeering
The tenth amendment provides that powers not delegated to the U.S. by the constitution, nor prohibited to the states, are reserved to the states. The tenth amendment prohibits the federal government from commandeering state officials by requiring states to regulate their own citizens. The spending clause gives Congress the power to spend for the general welfare. Congress generally is free to condition its grants. A condition will be bound to be valid if it (i) is clearly stated, (ii) relates to the purpose of the spending program, and (iii) is not unduly coercive.
Symbolic Speech
The government may restrict symbolic speech if the regulation (i) furthers an important government interest (ii) that is unrelated to the suppression of the message (iii) and it prohibits no more speech than necessary.
