Review Flashcards

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1
Q

Article IV: Privileges & Immunities

A
  • Protects the fundamental rights Citizens of each state, in every state.
    “The citizens of each state shall be entitled to the Privileges and Immunities of the citizens of every state”.
  • Fundamental Rights:
  • Right to practice a profession (can’t discriminate against non-residents)
  • Property Rights
  • Access to Courts.
  • Intermediate review
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2
Q

State Law (Protectionist Purpose)

A
  • Strictly scrutinized

- Always Invalid (even for health / safety purposes)

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3
Q

Neutral Burdens on Interstate Commerce

A
  • State regulations are not openly discriminatory and
    only incidentally affect I/C.
    = valid, unless
  • Burden imposed on IC is clearly excessive in relation to local benefits.
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4
Q

Dormant Commerce Clause (3 Part Test)

A

1) Regulation must pursue a legitimate State End
2) regulation must be rationally related to end.
3) Balancing Test: State interest outweighs Burden on I/C

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5
Q

Power to Declare War

A

Power to declare war is given solely to Congress.

President may commit troops as Commader in Chief, but is subject to oversight by congress.

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6
Q

Strict Scrutiny

A

means must be “necessary” or essential to achieving a “compelling” state interest.

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7
Q

Mid-Level Scrutiny

A

Means must be “substantially related” to the achievement of an “important” governmental objective.

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