US Constitutional Law

Question 1

Procedural Due Process

Answer 1

Notice and Hearing

1) Is life, liberty, or property being taken?
2) What process is due?

Individual interest at stake; value of protecting interest; government interest in efficiency

Timing of Hearing:

Pre-depreviation - welfare benefits, “for cause” termination of employment with a property interest

Post deprevation - social security benefits

Question 2

When is the hearing to be done when depriving someone of life, liberty or property?

Answer 2

Pre-deprevation - loss of property interest ex: welfare benefits, “for cause” termination of employment

Post-deprevation - no property interest ex: social security benefits

Question 3

Strict Scrutiny standard for review

Answer 3

Law is necessary for a compelling government interest.

Must use least restrictive means

government bears burden of proof

Applies to : fundamental rights / suspect classification

Question 4

Intermediate Scrutiny standard for review

Answer 4

Law is substantially related to an important government issue

Applies to sex issues, lineage

Question 5

Rational Basis standard of review

Answer 5

Law is rationally related to a legitimate government interest

Question 6

Enforcement Clause

Answer 6

14th Amendment

Congressional power to enforce of state action

Question 7

Dormant Commerce Clause

Answer 7

Congress has power over interstate commerce (Commerce Clause)

States cannot discriminate against interestate commerce or unduly burden interstate commerce

Allowed IF no other means of achieving a legitimate local purpose

Question 8

Market Participant

Answer 8

When a state is acting as a buyer or seller of goods, it is free to make decisions like any private business

Question 9

10th Amendment

Answer 9

provides that all powers not assigned by the Constitution to the federal government are reserved to the states, or to the people.