Conlaw

Question 1

Requirements of standing

Answer 1

1) Injury in fact: actual or imminent
2) Causation
3) redressability

On behalf of third parties:

1) unable to assert own rights
2) special relationship
3) injury adversely affects plaintiff’s relationship with third party.

Question 2

Timeliness of action

Answer 2

1) ripeness = real injury

2) mootness = live controversy at each stage of review. EXCEPTION:
- capable of repetition but evading review
- voluntary cessation

Question 3

Pullman doctrine

Answer 3

Unsettled state law claims are best left to state courts.

Question 4

Younger abstention

Answer 4

don’t enjoin state proceedings where there a strong state interest

Question 5

Article I powers

Answer 5

1) bankruptcy
2) maritime matters
3) coining of money
4) fixing of weights and measures
5) patents and copyrights
6) Commerce
7) taxation and spending
8) war powers

Question 6

State immunity from federal taxes

Answer 6

ONLY if it would “discourage essential government functions”

Question 7

Dormant commerce violations

Answer 7

1) Discriminate against out of state commerce;
- EXCEPTION: important local interest + no other nondiscriminatory means.
- EXCEPTION: market participant.
- EXCEPTION: traditional govt function.
- EXCEPTION: subsidies.
- EXCEPTION: congressionally permitted discrimination.
2) unduly burden interstate commerce;
3) regulate extraterritorially.

Question 8

Complete Auto Test for state taxation on interstate commerce

Answer 8

1) substantial nexus
2) rational formula for apportionment
3) nondiscrimination
4) fair relation to services provided

Question 9

Discriminatory taxes

Answer 9

Against out of state individuals –> Article IV Comity violation.

Against out of state business –> equal protection violation,

Question 10

Taxing instrumentalities of commerce

Answer 10

1) taxable situs / sufficient contacts.

2) fairly apportioned.

Question 11

What is NOT incorporate into 15th amendment?

Answer 11

5th amendment grand jury indictment.
6th amendment unanimous verdict.
8th amendment excessive fines.

Question 12

Protected interests

Answer 12

1) physical freedom
2) freedom of choice or action
3) fundamental rights
- parental rights (clear and convincing, UNLESS mother initiates).
- public employment discharge only for cause.

Question 13

Factors to determine necessary process for threat to liberty interest

Answer 13

1) private interest
2) value of additional or substitute safeguards
3) burden, fiscal and administrative.

Question 14

Strict scrutiny

Answer 14

least restrictive + compelling government interest.

Applies to fundamental rights OR suspect classifications (equal protection).

Question 15

Fundamental rights

Answer 15

1) right to vote
2) right to travel domestically
3) right to privacy
- marriage
- childbirth
- sex
- abortion
- cohabitation
- child rearing
4) first amendment rights.

Question 16

Abortion

Answer 16

No “substantial obstacles” before the fetus becomes viable.

Question 17

Intermediate scrutiny

Answer 17

Substantially related + important govt interest.

1) gender
2) nonmarital children

Question 18

Discriminatory intent

Answer 18

1) discriminatory on face

2) disparate impact + discriminatory motive.

Question 19

Suspect classifications

Answer 19

1) race, ethnicity, national origin
2) alienage (state action only, fed action is rational basis)
- EXCEPTION: government functions.

Question 20

Nonsuspect classifications

Answer 20

1) Age
2) poverty
3) sexual orientation

Question 21

Fundamental rights unique to equal protection

Answer 21

1) one person, one vote

2) gerrymandering

Question 22

Article IV Privileges and Immunity

Answer 22

funamental rights OR essential activities.

Justifications:

1) nonresidents are cause of problem AND
2) no less restrictive means.

Question 23

14th Amendment privileges and immunities

Answer 23

protects individual citizens ONLY.

1) interstate travel
2) petition congress
3) vote for national office
4) enter public lands
5) peaceable assembly.

Question 24

Regulatory takings

Answer 24

1) economic impact
2) investment-backed expectations
3) character or regulation

Question 25

Per se takings

Answer 25

1) permanent physical occupation.

2) no economically viable use.

Question 26

Permissible exactions from developers

Answer 26

1) essential nexus with legitimate state interests.

2) rough proportionality or burdens and benefit.

Question 27

Ex post facto laws

Answer 27

1) criminalizes prior acts
2) increase penalties for past act
3) deprives defense for past act
4) decreases prosecution’s burden of proof

Question 28

Impairment of contracts

Answer 28

1) Private Ks: no substantial impairment UNLESS reasonable and necessary for important govt interest.
2) PUblic K: “reasonable and necessary”

Question 29

Valid government action that benefits religion

Answer 29

1) secular purpose
2) neither advances no inhibits religion
3) not result of excessive govt entanglement.

• gifts to colleges or hospitals must be conditional on secular use.

Question 30

Valid regulation of speech

Answer 30

1) within govt’s power
2) important govt interest
3) unrelated to suppression of ideas
4) burden no greater than necessary

Question 31

Test for prior restraints

Answer 31

1) particular harm
2) procedural safeguards
- narrowly drawn, reasonable.
- seek injunction
- judicial determination

burden on gov’t

Question 32

Time, place, and manner restrictions in public forums

Answer 32

May impose reasonable restrictions if:

1) content-neutral
2) narrowly tailored + significant govt interest
3) alternative channels of communication.

Content-based = strict scrutiny.

Question 33

Miller test for obscenity

Answer 33

average person + contemporary community standards + taken as a whole:

1) appeals to prurient interest (local - jury);
2) depicts sex in patently offensive way (local - jury);
3) lacks literary, artistic, political, or scientific value (national - judge).

Question 34

Speech inciting violence

Answer 34

1) imminent lawless action

2) likely to incite such action.

Question 35

Test for restrictions on commercial speech

Answer 35

1) concern lawful activity + neither false nor misleading;
2) substantial govt interest;
3) directly advances govt interest;
4) narrowly tailored to serve interest.

Question 36

When may person be deprived of public employment based on affiliation?

Answer 36

1) subversive organization
2) knowledge of illegal activity
3) specific intent to further activities.