Economic Liberties

Question 1

What is Economic Liberties?

Answer 1

A right that has something to do with money or business

Question 2

How to Analyze Economic Liberties?

Answer 2

Through

1) The Due Process Clause
2) The Contracts Clause
3) The Takings Clause

Question 3

Due Process

Answer 3

For Fed Govt is 5th Amendment

- For states 14th Amendment

Question 4

Contracts Clause

Answer 4

Only applies to states not the federal government

Question 5

What two types of Contracts can a state interfere with?

Answer 5

1) private contracts (nothing to do with state, like a mortgage)
2) a state contract

Question 6

What types of level of review does apply when State interferes with both a private contract and a state contract?

Answer 6

Private- subject to something like rational basis review

State K: if government is dealing with own K, subject to something higher of judicial review

Question 7

Takings Clause: When can government do a taking?

Answer 7

Government can do a taking of property so long as they provide just compensation and it is for public use

Question 8

What happens if government takes away property but not for public use?

Answer 8

if government takes away property but not for public use, then its unconstitutional. Even if there is just compensation

Question 9

What happens if government takes away property for public use but no compensation?

Answer 9

unconstitutional, must have just compensation

Question 10

What is just compensation?

Answer 10

just the fair market value at the time of the taking

Question 11

What are the two kinds of government takings?

Answer 11

1) physical takings: government physically takes property

2) Regulatory taking: government is regulating property to such a degree that it actually really is taking the property

Question 12

Regulatory taking

Answer 12

government is regulating property to such a degree that it actually really is taking the property

-allows it for regulating the property up to a point. If government regulates it too much, there is a taking.

Question 13

Steps when dealing with taking clause

Answer 13

1) Is there a taking?

two kinds of government takings

(a) physical takings
(b) regulatory taking

2) was taking for public use
- public purpose is very broad

3) is there just compensation
- fair market value

Question 14

What do Economic Liberties get in review in court

Answer 14

Anytime you see government regulating economic liberties under Due Process you apply RBR

Question 15

All need to know for Contracts Clause

Answer 15

1) Contracts Clause is 1 of 3 ways to analysis government interference with economic relationship
(Due Process and Takings Clause other 2)

2) Contracts Clause only applies to State Actors and not Federal Government
3) Analysis amounts to something like RBR
4) Courts will scrutinize government interference with public contracts more than they will with private contracts

Question 16

How can you tell the difference between a law that raises a Due Process issue, and one that raises an Equal protection issue?

Answer 16

• If there is a classification involved its most likely an equal protection problem
• If there is no classification, but the effect of that State’s activity amounts to a deprivation of a liberty, or property interest it is a substantive due process issue.

Question 17

Example of Due Process problem and Equal Protection problem

Answer 17

1) Due Process: statute prohibits sales of birth control to anyone.
2) Equal Protection: statute prohibits sale of birth control to anyone under 21 years