Tests Flashcards
Continued Benefits that require heightened due process.
Mathews v Eldridge (3)
1) Importance of benefit to individual. (Welfare v Disability)
2) Alternative procedures that would reduce risk of erroneous deprivation.
3) Cost to gov to pursue alternative procedures.
Neutral gov action has Disparate Effect:
Was it intended to discriminate that group?
Arlington Heights: (4)
1) Affects one particular group,
2) History behind decision or act,
3) Sequence of events leading to decision (indication race was considered)
4) Leg history of that gov body.
(Yick Wo & Wash v Davis)
How to determine if Congressional spending is valid:
Dole Test:
Condition:
1) Promotes general welfare
2) Clear (unambiguous): To follow and understand consequences.
3) Relates to interest in that particular matter,
4) Not unconstitutional request, AND
5) Not coercive. Need genuine choice. (Dole: 5% funding at issue)(Butler: Cooperation or financial ruin.)
(Butler: CT interferes if amounts to regulating private activity)
How to determine if non-suspect group should get heightened Rational Scrutiny:
Marshall: (Cleburne)
1) Societal importance of the groups interest. (Group homes are essential for this group.)
2) History of discrimination against this group.
Legislation that affects Groups that lack the normal protections of the political process and should be given heightened review:
Carolene Footnote 4:
1) Attempts to distort or rig the political process, OR
3) Discriminates against “Discrete and insular” minorities (who lack sufficient numbers or power political process.)
Is the president acting with Congressional authority?
Jackson concurrence: Youngstown Sheet: (3)
Zone 1) With express or implied authority from congress. (His power plus congress’)
Zone 2) “Twilight”: Absent congressional action or Unclear who has power. (Pres limited to his powers.) (Look for Acquiescence, tradition or leg history?)
Zone 3) Opposition to will of congress. (Only his power minus Congress’ power over matter.) (Floor debates indicated disapproval)
When can state interfere with a private contract:
Kansas Power & Lighting Test: (3)
1) Substantial impairment of contractual provision; (restrict increase cost of gas)
2) Impairment serves significant-legitimate interest, (interstate markets) AND
3) Law reasonably relates to that purpose.
When does a condition to a permit amount to regulatory taking:
Nollan & Dolan:
1) No “Essential nexus” (easement was not closely related to fighting view of beach)
2) Proportionality: Public benefit from condition is proportional to burden imposed on public.
If Congress can regulate under Commerce Clause:
Lopez: Limited Congress power:
1) Channels: (Highways, internet)
2) Instrumentalities: (Trucks-even intrastate)
3) Articles moving in interstate: (Info)
4) Substantially affects interstate Comm: (Creation of commodity- not any commodity)
How to determine if a State law is protectionist & violating the Dormant Commerce Clause:
Exxon v Maryland:(Dist: Hunt v Wash Apple)
(4)
1) Discriminate against interstate dealers,
2) Prohibit the flow of interstate goods,
3) Place added cost on interstate dealers, (Pike & Hunt=excessive), OR
4) Distinguish between in/out-of-state retailers.
(Hunt: Look for alternatives.)
How to distinguish an “Inferior Officer” from a principle officer:
Morrison: (4)
1) is removable by a higher officer:
(Attorney general)
2) limited duties:
(investigate & prosecute federal crimes.)
3) limited jurisdiction:
(only to federal officials.)
4) limited tenure:
(terminates upon completion of task.)
To consider whether an interference from a public program amounts to a “taking”:
(Landmarks)
Penn Central:
1) Nature of interference with property interest;
2) Extent of interference with the interest;
3) Number of units affected by interference;
4) Ability of property owner to continue to put subjected property to its intended use; AND
5) Legitimate State interest in restricting the property’s use. (Landmark)
