Constitutional Essay

Question 1

Constitutional Law

Structure of the Answer

Answer 1

1) State action?
2) Case or Controversy
3) What kind of constitutional issue is involved.

Question 2

Constitutional Law

Things to remember

Answer 2

Explain what you think and what should happen.

• What else can they use?
• use the fact?

Question 3

Standing

Organization

Answer 3

An organization has standing to sue on behalf of its members if the members:

1) Would have the right to sue,
2) The interest are relevant to org purpose,
3) Neither the claim or relief requires individual members to participate.

Question 4

First Amendment

Vagueness

Answer 4

Occurs if a reasonable person cannot tell what is permitted or prohibited or would have difficulty understanding without activity or conduct the statute prohibited.

Question 5

First Amendment

Overbreath

Answer 5

A state Statute is overboard if it regulates substantially more speech than necessary.

Question 6

Constitutional Law

Jurisdiction

Answer 6

Justiciable:
* To be justiciable, there must be a case and controversy.

Subject Matter
* Fed court must have jurisdiction over the subject matter of the dispute based on diversity of the claim or upon a question arising under federal law.

Question 7

Equal Protection

Aliens

Answer 7

Rational Basis:
* Congressional discrimination against aliens gets only rational basis review based on Congress plenary power over immigration.

Question 8

Preemption

Immigration

Answer 8

Supreme court has held that Fed. Immigration law wholly occupies the field and prevents state regulation of immigration.

Question 9

Procedural Due Process

Property Right

Answer 9

The Due Process clause of the 14th Amendment protects a person against deprivation of Life, Liberty, or Property without due process.

Property Right:
* A due process right will be recognized only if an entitlement was had.

= an entitlement is a reasonable expectation to a continued receipt of a benefit.

Question 10

Procedural Due Process Essay Breakdown

Answer 10

1) Life, Liberty, or Property interest?

2) What process is due?
- Notice
- Opportunity to be heard

3) Balancing Test

Question 11

Eleventh Amendment- Sovereign Immunity

Answer 11

Bars suits against states in federal court unless the state has explicitly waived immunity.

• States officers maybe sued if the Plaintiff is seeking only injunctive relief or if any money damages will be paid by the officer and not out of the state treasury.

Question 12

Essay

Deprivation of Liberty

Answer 12

A deprivation of liberty occurs when a person loses significant freedom of action or is denied freedom provided by the constitution or statute.

Due Process:
* Contemplates fair process and procedure, which requires an opportunity to present objection to the proposed action to a fair and neutral decision maker.
= Except in emergency situation, before an adult can be committed they must have notice and hearing.
= the court held that a person can be committed up to 72 hours in a hospital.

Notice:
* Where the Government seeks to deny liberty of an individual is entitled to receive notice that her liberty is being taken away.

Balancing test:

1) Balancing of important of the Plaintiff interest
2) The value of procedural Safe Guard
3) Government Interest

Proof:
* State must prove with clear and convincing evidence