Inner Checklist for Con Law

Question 1

Procedural Issues

Answer 1

1. Case/Controversy
2. Standing
3. Ripeness
4. Mootness
5. Political Question
6. Supreme Court Jurisdiction
7. Adequate State Grounds
8. Abstention
9. Declaratory Relief
10. Eleventh Amendment

Question 2

Congressional Authority-Federal Statute or Congressional Delegation

Answer 2

1. Commerce Clause - Article 1, Section 8
2. Taxing Power - Article 1, Section 8
3. Spending Power - Article 1, Section 8
4. War Power - Article 1, Section 8
5. Treaty Power -Article II, Section 2
6. Foreign Affairs Power - Implied Power
7. Aliens/Naturalization/Citizenship
8. Limitations on Congressional Power
   
   • Bill of Attainder
   • Ex Post Facto Law

Question 3

Powers of State to Regulate

Answer 3

1. State Statute - Police Powers - Tenth Amendment
2. Dormant Commerce Clause
3. 21st Amendment

Question 4

Intergovernmental Immunities

Answer 4

1. State Immunity from Federal Taxation
2. State Immunity from Federal Regulation
3. Federal Immunity From State Regulation
4. State Taxation of Federal Government.
5. State Taxation of Interstate Commerce
6. Privileges/Immunities Clause - Discrimination involving National or State Citizenship?

Question 5

Separation of Powers

Answer 5

1. Article 1: Powers of Congress
2. Article 2: Powers of Executive
3. Article 3: Powers of Judiciary

Question 6

Substantive Due Process

Answer 6

1. Source: 5th/14th Amendments
2. Economic/Social Regulations
3. Fundamental Personal Rights

Question 7

Equal Protection

Answer 7

1. IRAC EP
2. State Action
3. Discrimination Intentional/Unintentional?
4. Classify Discrimination
5. Irrebuttable Presumptions

Question 8

First Amendment

Answer 8

Speech, Press, Association, Religion (SPAR)

1. IRAC 1st Amendment
2. Freedom of Speech/Association
3. Freedom of the Press
4. Freedom of Religion

Question 9

Eminent Domain-Takings

Answer 9

1. 5th Amendment

2. Is it a taking? Or regulation pursuant to a valid state interest?