Economic liberties Flashcards

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1
Q

applicable level of scrutiny for economic substantive due process

A

fairly strict–substantial interest and substantially related

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2
Q

Why was Lochner criticized?

A

too much judicial activism
not enough deference to elected branches
right to K not fundamental

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3
Q

Contemporary protections of property rights

A

takings clause

contracts clause

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4
Q

Where is the takings clause found?

A

5th Amend

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5
Q

Types of Takings

A

physical

regulatory

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6
Q

Physical takings

A

govt occupies property at issue, no matter how minor. Compensation required

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7
Q

Regulatory takings

A

when legislation goes too far and deprives owner of economically beneficial use of land

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8
Q

Penn Central Factors–to determine if regulatory takings have “gone too far”

A
  1. economic effect on property owner
  2. extent to which regulation interferes w/ reasonable, investment-backed expectation of owner
  3. character of govt action
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9
Q

Where is the Ks clause found?

A

Art I §10 cl 1

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10
Q

Ks clause

A

no state shall pass any law impairing the obligation of Ks

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11
Q

Who is prohibited from impairing Ks in the K clause?

A

Only states and local govts, not fed

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12
Q

What Ks are protected by K Clause?

A

existing Ks

private and govt Ks

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13
Q

What level of scrutiny is applied to Govt Ks?

A

closer to strict scrutiny
impairments myst “be necessary to serve an important public purpose”
otherwise, govt could just get out of Ks

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14
Q

level of scrutiny applied to private Ks

A

intermediate

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15
Q

Ks clause analysis for private Ks

A
  1. is the impairment to the K substantial?
  2. is the govt interest legitimate?
  3. are the means reasonable?
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