Takings, Prohibited Legislation, and Religious Freedoms Flashcards
True or false: The Privileges and Immunities Clause applies to both state and federal citizenship.
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
What is the difference between private and public property
Private property = property that the government doesn’t own (yet)
Property shall not be taken for public use without what?
Just compensation.
This applies mostly to takings
How is public use defined under the takings clause?
Needs to be rationally related to a conceivable public purpose.
How is just compensation defined under the takings clause?
Fair market value at time of the taking
What is the difference between takings and regulation?
Takings = just compensation required
Regulation = compensation not required, even if the regulation reduces property value
If a government regulation adversely affects a property’s economic value, does that trigger a right to just compensation?
Not usually. Many regulations have an economic impact on property value.
If a government physically occupies a person’s private property, what happens next?
Just compensation is required because a taking has occurred. Even if it’s just a small portion of the property as a whole.
How is zoning defined under the takings clause?
Not a taking, no compensation required IF
1) advancing a legitimate interest and
2) does not alter fundamental attribute of ownership
True or false: If a zoning regulation renders leaves private property with no economically viable use, this is considered a taking
True. Though this is very rare.
What are the prohibited legislations?
1) Bill of Attainder
2) Ex Post Facto Laws
3) Contracts Clause
What is a bill of attainder?
A legislative punishment issued without trial
Unconstitutional
What are ex post facto laws?
expanding criminal liability retroactively (increasing penalty for past conduct or creating a new crime)
What does the contracts clause do?
Bars states from impairment from private existing contracts unless there is an overriding need (emergency)
What is the standard of review for establishment of religion?
Strict scrutiny: for laws that prefer one religion over another or laws that prefer religion over non-religion
What is the current test for challenges of government actions under the establishment of religion?
History/longstanding practices
Is there any part of the constitution that allows the government to aid private religious institutions?
The Establishment Clause allows aid to primary and secondary religious schools, as long as the government is not choosing who receives such aid
True or false: If a government building is open for various group meetings/gatherings, the same is true for religious organizations
True. This is also true for colleges/universities.
True or false: it is constitutional for school districts to be created for one single religious purpose
False. Cannot single out a particular religion for preferential treatment.
SCOTUS wants to prevent what kind of endorsement of religion?
Coercive. The Endorsement Clause prohibits this
True or false: School-sponsored prayer and voluntary prayer in school are both unconstitutional.
False. Officially sponsored school prayer is unconstitutional but voluntary prayer is constitutional
How much protection are religious beliefs given?
Absolute (any belief or none at all)
Are laws that regulate religious conduct for their religious nature constitutional?
No. If the law was enacted or enforced with hostility to religion, it will be struck down. Even if facially neutral.
Ex: Masterpiece Bakeshop
True or false: Neutral laws that generally apply to everyone are to be obeyed
True. No right to object to a neutral law that applies to everyone.
Ex: Smith v. Employment Division
True or false: If a law allows exemptions from generally applicable regulations, it must allow religious exemptions
True. Unless there is a compelling reason not to do so.
How did SCOTUS uphold RFRA and strike it down in the same ruling?
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
What does the ministerial exception say?
Non-discrimination employment laws cannot be applied to ministers because the First Amendment precludes litigation claims concerning religious organizations and ministers.
“minister” = interpreted broadly
