Review Flashcards
Article IV: Privileges & Immunities
- 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
State Law (Protectionist Purpose)
- Strictly scrutinized
- Always Invalid (even for health / safety purposes)
Neutral Burdens on Interstate Commerce
- 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.
Dormant Commerce Clause (3 Part Test)
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
Power to Declare War
Power to declare war is given solely to Congress.
President may commit troops as Commader in Chief, but is subject to oversight by congress.
Strict Scrutiny
means must be “necessary” or essential to achieving a “compelling” state interest.
Mid-Level Scrutiny
Means must be “substantially related” to the achievement of an “important” governmental objective.