Con Law Flashcards
Threshold Issues (Should always be addressed)
Standing Mootness Ripeness State Action Tenth Amendment - Police Powers
Standing
In order to pursue a claim in federal court, _____ needs to show that they have standing.
This requires that ______ is:
1) acting in their own interest
2) acting on behalf of another person who cannot act in their own name
3) acting as a member of, or int he interest of, a group or class of persons
4) acting int he public interest
5) an association acting in the interest of its members
Mootness
Mootness doctrine requires that there be an existing or live controversy.
Ripeness
In order to pursue a claim, ______ also needs to show that the claim is ripe - that is, a full-fledged controversy is apparent and the record is complete enough for the court to review it.
State Action
the US constitution and its individual rights apply only to state action. State action is all government action, not private action.
Equal Protection
14th Amendment. Three levels of classification: Strict Scrutiny, Intermediate Scrutiny, Rational Basis Test.
Strict Scrutiny (Equal Protection Clause of the 14th Amendment)
Race, alienage, national origin. Burden on government. Compelling state interest.
Intermediate Scrutiny
Gender, legitimacy of birth, children of illegal aliens, right to public education. Burden on government. Substantial relationship to important governmental interest.
Rational Basis
Age, Juveniles, Wealth-Poverty, Education, Welfare, Public Housing. Burden on Plaintiff. Rationally related to a legitimate state interest.
Strict Scrutiny (Fundamental Rights)
Voting, Travel, Privacy (Contraception, Marriage, Right to Abortion). Burden on the state. Compelling state interest test.
Commerce Clause
Congress regulates: channels, instrumentalities, activities and persons or things in commerce between foreign nations, among Indian tribes, and across state lines.
Supremacy Clause in conjunction with the Commerce Clause - Congress may “preempt” field of interstate commerce by passing legislation occupying the particular field completely. May also establish regulatory agency over the field as indication of “preemption” of state power.
Dormant Commerce Clause
Inferred from the commerce clause.
Exclusive power granted to Congress through the commerce clause implies a negative consequence - restriction prohibiting state from passing legislation that improperly discriminates against interstate commerce.
Limits the power individual states have to legislate on such matters.
Not an express clause in Constitution - doctrine developed by Supreme court.
Market Participant Exception (Commerce Clause)
Allows states to discriminate against out-of-states insofar as the state itself is acting as a market participant.
(Ex: state can choose to buy from local company at higher price than paying outside the state)
Several Areas that Accompany Commerce Clause
Equal Protection
Due Process
Dormant Commerce Clause
Privileges and Immunities of Article Four
First Amendment Approach
Define
What type of speech is being protected
Strict Scrutiny Test
Consider circumstances under which limitations on speech is permissible
