Con Law

Question 1

Requirements for Constitutional Standing?

Answer 1

1) Injury in fact; 2) Causation; and 3)Redressability

Question 2

Justiciability doctrine?

Answer 2

RAMPS
Ripeness: Genuine immediate harm or threat of harm
Advisory Opinion: Fed courts can’t issue AO’s
Mootness: Controversy exists at all stages of review
Political Question:
Standing:

Question 3

Typical Executive Powers

Answer 3

○ Executive orders - binding on federal agencies
○ Commander in Chief
○ Appointment Powers
○ Emergency Powers
○ Clemency Powers - Only FEDERAL criminals

Question 4

Hierarchy of laws

Answer 4

Constitution
Congressional Acts (and regs)
Executive Orders/Agreements
State Laws

Question 5

Congressional Powers

Answer 5

Federal Property
Tax/Spend for general welfare
coin/print money
Interstate Commerce

Question 6

What is the anti-commandeering doctrine

Answer 6

Congress cannot tell a state to enact laws or enforce law. (congress can condition spending)

Question 7

Strict Scrutiny

Answer 7

Burden on the gov’t to show the law/regulation is NECESSARY to justify a COMPELLING government interest.

Question 8

What gets strict scrutiny

Answer 8

Race, national origin, alienage, infringing on a fundamental rights

Question 9

Intermediate Scrutiny

Answer 9

Burden on government to show the regulation is NECESSARY to justify a COMPELLING government interest.

Question 10

What gets intermediate scrutiny

Answer 10

Gender, alien children, sexual orientation (maybe)

Question 11

Rational Basis Review

Answer 11

Plaintiff must show that the regulation is not RATIONALLY related to a LEGITIMATE government interest.

note; congress does not have to intend for the law to meet the interest identified.

Question 12

What are the fundamental rights

Answer 12

• Privacy (CAMPER) - (Contraception, abortion, marriage, procreation, education (private), familial relations,
• Right to vote
• Right to travel

Question 13

What are the fundamental voting rights (what are not)

Answer 13

Fundamental: discrimination in voting, reapportionment, switching party affiliation, ballot restrictions based on special interest

Not fundamental: Right to be a candidate, filing fees, age/residency restrictions.

Question 14

What is the Priv. and Immunities Clause standard when a state discriminates against out-of-staters

Answer 14

SUBSTANTIAL government interest must exist

Question 15

What is a taking

Answer 15

a regulation that denies the owner of ALL economic use of viable land.

Question 16

When can the government condemn land for PUBLIC USE

Answer 16

Government must show that the action is RATIONALLY related to ANY GOVERNMENT PURPOSE

Question 17

What is a Bill of Attainder

Answer 17

A statute/regulation that punishes a named group or individual

Question 18

What is the major exception to the 11th Amendments prohibition of citizens suing their state.

Answer 18

When the plaintiff is seeking injunctive relief

-Other exceptions (waiver, enforcement power of 13, 14, 15th amend, state officials and subdivisions, state v. state)

Question 19

What is the free speech analysis?

Answer 19

Step 1 - Content or TPM?
Content step 2; TPM step 3
Step 2 - Protected Speech?
Yes: strict scrutiny; no: rationality review
Step 3 - Apply 3 step TPM test
1) Significant Gov’t interest
2) Narrowly tailored (least restrictive means)
3) Alternative means of communication

Question 20

What are forms of unprotected speech?

Answer 20

Defamation, obscenity, fighting words, fraudulent commercial speech, child pornography

Question 21

What is the analysis for free exercise questions?

Answer 21

Purposeful interference - strict scrutiny

Incidental burden - Rational basis review

Question 22

What is the Lemon test?

Answer 22

Establishment clause issues

1) Primary PURPOSE must be secular
2) primary EFFECT must neither inhibit nor advance religion
3) No excessive government ENTANGLEMENT

Question 23

Organizational Standing Requirements

Answer 23

1) Individual standing of member
2) Purpose is related to interest
3) Member interest alligned

Question 24

When can congress tax/spend?

Answer 24

If one of three requirements met:

1) Objectively a tax
2) subjectively a tax
3) regulatory tax if congress has regulations

Question 25

What are the conditional spending requirements?

Answer 25

1) spending serves general welfare
2) condition is unambiguous (usually met)
3) Condition relates to the federal program
4) no coercive effect

Question 26

Analysis for state laws that discriminate against other states on its face?

Answer 26

The regulation is NECESSARY to serve a COMPELLING state interest.

Question 27

Analysis for state laws that incidentally burden interstate commerce?

Answer 27

Balance state interest v. burden on interstate commerce.

Question 28

What are the exceptions to the dormant commerce clause?

Answer 28

1) congressional authorization/delegation

2) market place participant

Question 29

When can congress prohibit private party discrimination?

Answer 29

only when it is acting pursuant to enforcement powers of 13th amendment.

Question 30

What is the balancing test for procedural due process?

Answer 30

Balance:

1) Importance of the protected interest
2) Risk of error/erroneous deprivation
3) burden on the government

Think Goldberg (doctor v. landlord)

Question 31

What is the review for abortion laws

Answer 31

Cannot impose an undue burden on woman’s right to an abortion