Con Law

Question 1

What is required for standing?

Answer 1

1. Injury in fact (particularized)
2. Causation
3. Redressability

Question 2

What is the injury requirement for standing?

Answer 2

It must be particularized and concrete.

A future injury must be imminent.

Question 3

When is there taxpay standing?

Answer 3

Only under the establishment clause.

Question 4

When is there third party standing?

Answer 4

!. Harmed party unable to assert their own rights
2. Special relationship
3. Third party adversely affected

Question 5

When does an organization have standing?

Answer 5

When its members have standing and the issues germane to its purpose.

Question 6

What is the doctrine of Ripeness?

Answer 6

Ripeness means the case is ready for trial. Typically denied where there is not a particularized injury yet.

Question 7

What is the doctrine of mootness?

Answer 7

A case must be a live controversy. If it is no longer an issue it is moot.

Exceptions if it will reoccure because of other plaintiffs or the party temporarily stopped.

Question 8

When can congress use the commerce clause?

Answer 8

It can regulate the channels and instrumentalities that substantially affect commerce.

This power is based on aggregate effect

Question 9

What is Peemption?

Answer 9

Congress can Peempt state law expressly, meaning that only congress can regulate can also be implied preemption.

Question 10

When does implied preemption occurs?

Answer 10

Preemption is implied where Congress intends to occupy the field.

Question 11

Where does procedural due process come from?

Answer 11

State 14th Amendment

Fed Fifth Amendment

Question 12

What is the rule of procedural due process?

Answer 12

Before depriving a person of life, liberty, or property, the state must provide due process. Typically (1) notice and (2) an opportunity to be heard (3) before a neutral decision maker.

Question 13

What is substantive due process?

Answer 13

The level or review that is due. If the action infringes on a fundamental right, strict scrutiny. Otherwise rational basis.

Question 14

What is the test for Strict scrutiny?

Answer 14

The law must be the least restrictive means of achieving a compelling governmental interest.

The burden on the state

Question 15

What is the test for rational basis review?

Answer 15

The law must be rationally related to a legitimate government interest.

Burden on person challenging action.

Question 16

What are the fundamental rights?

Answer 16

1. Interstate travel
2. Right to vote
3. Privacy
4. Second Amendment (sorta)

Question 17

What is covered under the right to privacy?

Answer 17

1. Marriage
2. Contraception
3. Sexual behavior
4. Abortion????
5. Parental rights
6. Family relashions
7. Obscene material
8. Refusal of medical treatment

Question 18

What is the source of the equal protection clause?

Answer 18

State: 14th Amendment
Fed: 5th Amendment due process cluase

Question 19

What are the three levels of review for equal protection?

Answer 19

1. Strict scrutiny
2. Intermedeate scrutiny
3. Rational Basis

Question 20

What is the test for strict scrutiny?

Answer 20

The law must be the least restrictive means of achieving a compelling government interest.

Burden on the state

Question 21

What is the test for intermediate scrutiny?

Answer 21

The law must be substantally related to an important government interest.

Burden not clear but appears to be on government.

Question 22

What is the test for rational basis review?

Answer 22

The law must be rationaly related to a legitimate government interest.

Burden on person challenging.

Question 23

When does strict scrutiny apply under equal protection?

Answer 23

When the law uses a suspect class.
They are:

1. Race
2. Ethnicity
3. National Origin
4. Citizen Status (if used by state).

Question 24

When does intermediate scrutiny apply?

Answer 24

Quasi Suspect class
They are:

1. Gender
2. Parantage

Question 25

When does a law implicate equal protection?

Answer 25

1. Facially discriminatory 2. Discriminatory motive 3. Discriminatory application Does not include desperate outcome

Question 26

When will a federal law be struck down for discriminating against non citizens?

Answer 26

If it is arbitrary and unreasonble.

Question 27

What are some key non suspect classes?

Answer 27

1. Age 2. Poverty 3. Sexual Orientation

Question 28

What is the takings cluase?

Answer 28

The Fifth Amendment states that property may not "be taken for public use, without just compensation."

Question 29

What is a regulatory taking?

Answer 29

Regulation can be a taking without removing possession, where it removals all economically viable use of the property.

Question 30

When can Congress delegate?

Answer 30

Congress is vested with all legislative power and generally cannot delegate. However, courts have held that Congress can delegate some authority where it provides intelligible standards.

Question 31

What is the establishment cluase?

Answer 31

The First Amendment provides that Congress shall make no law respecting the establishment of religion.

Question 32

What is the free exercise clause?

Answer 32

The First Amendment provides that Congress shall make no law prohibiting the free exercise of religion. Includes freedom to believe and act.

Question 33

What is the Religious Freedom Restoration Act?

Answer 33

Many states and the federal government have established laws that allow people to challenge natural laws that impact religion and subject them to strict scrutiny.

Question 34

What is required to regulate expressive conduct?

Answer 34

1. Regulation is within the government's power to act 2. Furthers an important governmental interest 3. Regulation is not related to the impression of ideas 4. No greater than necessary

Question 35

When can goverment regulate the time place and manner of speech?

Answer 35

Depends on the forum. Public, Non Public, Private Property

Question 36

When can government regulate speech in a public form?

Answer 36

Regulation must be: 1. Content netrual 2. narrowly tailored 3. Leave alternative channels of communication avalible

Question 37

When can government regulate speech in non-public forums?

Answer 37

1. Viewpoint natural 2. Reasonable (rational Basis)

Question 38

When can government regulate speech on private property?

Answer 38

Basically, never if it is content based.

Question 39

When is material obscene?

Answer 39

When the average person applying contemporary community standards would find: 1. Appeals to pruient interest 2. depectis sexual content in a patently offensive way , and 3. Lacks serious artistic, scientific, literary or political value (national Standard)

Question 40

What is the Comity Clause?

Answer 40

Prohibits one state from discriminating against citizen of another state.