7. Individual Liberties - II. Economic Liberties Flashcards Preview

MBE - Constitutional Law > 7. Individual Liberties - II. Economic Liberties > Flashcards

Flashcards in 7. Individual Liberties - II. Economic Liberties Deck (14)
Loading flashcards...
1

What level of scrutiny is applied to laws affecting economic rights, generally?

Rational basis

2

What does the takings clause allow?

Government can take private property for public use if it provides just compensation

3

What is the three stage test on a takings clause question?

1. Is there a taking?

2. Is it for public use?

3. Is there just compensation?

4

What is the difference between a possessory taking and a regulatory taking?

Possessory

Government confiscation or physical occupation of property

Regulatory

Government regulation is a taking if it leaves no reasonable economically viable use for the property

5

To avoid being a regulatory taking, what is required of government conditions on property development?

Benefit must be routinely proportionate to the burden

6

Regarding what regulations can a property owner take a takings challenge?

Any regulation which existed at the time the property was acquired

7

Is temporarily denying an owner use of property a taking?

Not if the government's action is reasonable

8

What is the test for whether a taking is for public use?

If government acts out of a reasonable belief that the taking will benefit the public (virtually all takings meet this standard)

9

How is just compensation measured?

In terms of loss to the owner, not gain to the taker

10

What does the contracts clause prevent?

State or local interference with existing contracts

11

To what degree must rights under an existing contract be affected to trigger a claim under the contracts clause?

There must be a substantial impairment of rights

12

What scrutiny applies to interference with private contracts?

Intermediate

13

What scrutiny applies to interference with government contracts?

Strict

14

What is an ex post facto law?

A law which criminally punishes conduct that was lawful when it was done, or increases punishment for a crime after it was committed