Takings, Prohibited Legislation, and Religious Freedoms

Question 1

True or false: The Privileges and Immunities Clause applies to both state and federal citizenship.

Answer 1

False. P&I only applies to state actions that discriminate against out of state individuals.

There is no modern context for federal application of P&I

Question 2

What is the difference between private and public property

Answer 2

Private property = property that the government doesn’t own (yet)

Question 3

Property shall not be taken for public use without what?

Answer 3

Just compensation.

This applies mostly to takings

Question 4

How is public use defined under the takings clause?

Answer 4

Needs to be rationally related to a conceivable public purpose.

Question 5

How is just compensation defined under the takings clause?

Answer 5

Fair market value at time of the taking

Question 6

What is the difference between takings and regulation?

Answer 6

Takings = just compensation required
Regulation = compensation not required, even if the regulation reduces property value

Question 7

If a government regulation adversely affects a property’s economic value, does that trigger a right to just compensation?

Answer 7

Not usually. Many regulations have an economic impact on property value.

Question 8

If a government physically occupies a person’s private property, what happens next?

Answer 8

Just compensation is required because a taking has occurred. Even if it’s just a small portion of the property as a whole.

Question 9

How is zoning defined under the takings clause?

Answer 9

Not a taking, no compensation required IF
1) advancing a legitimate interest and
2) does not alter fundamental attribute of ownership

Question 10

True or false: If a zoning regulation renders leaves private property with no economically viable use, this is considered a taking

Answer 10

True. Though this is very rare.

Question 11

What are the prohibited legislations?

Answer 11

1) Bill of Attainder
2) Ex Post Facto Laws
3) Contracts Clause

Question 12

What is a bill of attainder?

Answer 12

A legislative punishment issued without trial

Unconstitutional

Question 13

What are ex post facto laws?

Answer 13

expanding criminal liability retroactively (increasing penalty for past conduct or creating a new crime)

Question 14

What does the contracts clause do?

Answer 14

Bars states from impairment from private existing contracts unless there is an overriding need (emergency)

Question 15

What is the standard of review for establishment of religion?

Answer 15

Strict scrutiny: for laws that prefer one religion over another or laws that prefer religion over non-religion

Question 16

What is the current test for challenges of government actions under the establishment of religion?

Answer 16

History/longstanding practices

Question 17

Is there any part of the constitution that allows the government to aid private religious institutions?

Answer 17

The Establishment Clause allows aid to primary and secondary religious schools, as long as the government is not choosing who receives such aid

Question 18

True or false: If a government building is open for various group meetings/gatherings, the same is true for religious organizations

Answer 18

True. This is also true for colleges/universities.

Question 19

True or false: it is constitutional for school districts to be created for one single religious purpose

Answer 19

False. Cannot single out a particular religion for preferential treatment.

Question 20

SCOTUS wants to prevent what kind of endorsement of religion?

Answer 20

Coercive. The Endorsement Clause prohibits this

Question 21

True or false: School-sponsored prayer and voluntary prayer in school are both unconstitutional.

Answer 21

False. Officially sponsored school prayer is unconstitutional but voluntary prayer is constitutional

Question 22

How much protection are religious beliefs given?

Answer 22

Absolute (any belief or none at all)

Question 23

Are laws that regulate religious conduct for their religious nature constitutional?

Answer 23

No. If the law was enacted or enforced with hostility to religion, it will be struck down. Even if facially neutral.

Ex: Masterpiece Bakeshop

Question 24

True or false: Neutral laws that generally apply to everyone are to be obeyed

Answer 24

True. No right to object to a neutral law that applies to everyone.

Ex: Smith v. Employment Division

Question 25

True or false: If a law allows exemptions from generally applicable regulations, it must allow religious exemptions

Answer 25

True. Unless there is a compelling reason not to do so.

Question 26

How did SCOTUS uphold RFRA and strike it down in the same ruling?

Answer 26

Strike Down: beyond federal legislative authority for Congress to force states to accommodate religious beliefs

Upheld: RFRA application to federal entities and federal government actions

Question 27

What does the ministerial exception say?

Answer 27

Non-discrimination employment laws cannot be applied to ministers because the First Amendment precludes litigation claims concerning religious organizations and ministers.

“minister” = interpreted broadly