Con Law

Question 1

Ripeness

Mootness

Standing

Answer 1

Ripe: actual harm/immediate threat of harm

Mootness: too late. Not moot if–

• injury capable of repeition
• live controversy @ least 1 member of class
• byproduct harms

Standing

• P suffered harm
• traceable to gov’t
• can be redressed
• taxpayers only when claim is about est. cl.

Question 2

S. Ct. can review state ct. judgements when–

Answer 2

• A fed Q;
• A final judgement; and
• State decision not based on state law (outcome is the same no matter what S. Ct. stays)

A fed. ct. will abstain (& remand) when meaning of state law is at issue and unsettled/unclear.

A fed. ct. will not hear fed. Q. (maily political procedural)

Question 3

11th Amendment

Answer 3

Cannot be sued in federal court if–

• Π is a private party
• ∆ is a government (not state employee)

unless

• State consents; or
• Cong. enforces rights (14th amdt)

State can’t be sued in its own court unless it consents (soverign immunity)

Question 4

Legislative Powers

Answer 4

• Those enumerated in the Const.
• Necessary and Proper (“convenient and useful”)

Commerce cl.

• Purely local if “substantial affect” on interstate commerce.
• Can’t commandeer state exec/legislature

Taxing power

• Valid so long as it raises some revenue (purpose doesn’t matter)

Spending power a condition must–

• enacted for general welfare and not violate indiv. liberties.
• be reasonably related to leg. fed. interest
• be clear

Reconstruction Amdts.

• 13th (enforced against anyone)
• 14th (need state actor)
  
  • Cong cannot redefine/create rights
  • Cts. define the rights

Delegation? “intelligible principle”

Question 5

Federalism

Answer 5

1. States can’t do federal “things”
2. Fed law preempts state law
   
   • Express.
   • Implied–
     
     • inconsistent(fed law: no more than 50%, state law: 40%)
     • fed reg occupies the field.
   • Generally, fed law prevails over state law.
3. P/I of Art. IV says States can’t discriminate out of state citizens unless–
   
   • hiring state gov’t employees;
   • charge more for benefits
   • deny benefits (in-state tuition)
4. Dormant Commerce cl. (see next card)

Question 6

**Dormant Commerce Cl. **

Answer 6

Laws that favor in-state commerce = per se invalid

• Including laws that favor for health/safety purpose w/ no reasonable non-discrim means

Undiscrimiatory laws that unreasonably burden interstate commerce

• marginal benefits that materially obstruct interstate commerce.
• Unless*
• Congress authorizes state
• State gov’t is market participant
• 21st amdt.

Question 7

**State or Local law that regulates commerce: **

Answer 7

1. Is it a state or federal law?
   
   • fed law preempts or authorizes state law
2. If no fed law, does state law discriminate other states? Invalid unless–
   
   • health/safety w/o other means;
   • state grants its own subsidies
   • state is market participant
3. If state law is non-discriminatory, is it unreasonably burdensome?
4. Same thing for state taxes)
   
   • non-discrim
   • substantial nexus to state (presence)
   • not unreasonably burdensome (no flat taxes)

Question 8

Procedural Due Process

Answer 8

1. Was there a deprivation?
   
   • liberty (not mere injury to reputation)
   • property (gov’t benefits/employment)
2. What process is due? (notice and opp. to be heard)
   
   • Persons interest,
   • risk of mistake,
   • gov’t interest.

Question 9

Free Speech - Campaign Contributions

Answer 9

Gov’t may limit $ to an individual candidate

• gov’t has substantial interest in preventing corruption

Gov’t may not limit $ to lobbyist

Question 10

Free Speech - Doctrines

Answer 10

1. Vagueness
   
   • what are they punishing?
2. Overbreadth
   
   • bans some protected speech in its attempt to ban unprotected speech
3. Prior Restraints
   
   • can’t enjoin speech before it happens

Question 11

Free Speech -

Content-based

vs

Time/Place/Manner

Answer 11

Content-based

• Aimed at the message
• Aimed at the content b/c of message it conveys … why is actor making the action?

Time/Place/Manner

• Not aimed at content, affects expression as a by-product.
• It must–
  
  • content-neutral (bans all _);
  • provide alternate opportunties
  • serve significant state interest

Question 12

What’s outside the freedom of speech?

Answer 12

1. Incitement (immediate, intentional, likely to suceed)
2. Fighting words (directed at another)
3. True threats (Intent to hurt specific person/group)
4. Obscenity
   
   • Sexy (purient interest)
   • Sickening (patently offensive)
   • Specific (statute describes sexual conduct)
   • Serious value?
5. Libel/defamation
6. Commercial speech
   
   • no false/mislead/deceptive
   • otherwise must advance substantial gov’t interest and be narrowly tailored.

Question 13

Levels of Scrutiny

Answer 13

1. Strict Scrutiny
   
   • Compelling interest … narrowly tailored
   • Race, nat’l origin, alienage
2. Intermediate Scrutiny
   
   • Important interest … substantially related
   • Sex, legitimacy of birth
3. Rational Basis
   
   • *Legitimate interest … rationally related *
   • All else