Constitutional Law Flashcards
(12 cards)
Standing
(1) injury in fact(2) causation(3) redressability
Organizational standing
(1) Individual members have standing(2) claim is related to organization’s purpose(3) individual members are not necessary to adjudicate teh claim
Dormant commerce clause
(1) discriminatory:
* market participant exception, or
* (a) important state interest and (b) no non-discriminatory means available to achieve that interest
(2) non-discriminatory:
* undue burden on interstate commerce (balance purpose of statute against burden on interstate commerce)
Partial regulatory taking
Penn Central test:
- economic impact
- reasonable expectations of return on investment
- character of the regulation (few owners or entire community)
PDP balancing test
- interest affected
- value of additional safeguards
- burden of additional process
Strict scrutiny
applies to: fundamental rights (Voting, Interstate travel, Privacy) classifications based on race, ethnicity, national origin
- least restrictive means
- compelling government interest
Intermediate scrutiny
applies to:
gender, legitimacy
- substantially related
- important government interest
Rational basis
- rationally related
- legitimate government interest
Content-based vs. content-neutral
content-based (SS):
- necessary to achieve
- compelling governmental interest
- narrowly tailored to meet that interest
content-neutral (IS):
- substantially related to
- important government interest
Commercial speech
False/misleading/unlawful not protected, otherwise:
- substantial governmental interest
- regulation directly advances the interest
- regulation is narrowly tailored
Non-public forum
- viewpoint neutral
- reasonably related to
- legitimate governmental interest
Lemon test
- secular purpose
- primary effect neither advances nor prohibits religion
- no excessive governmental entanglement w/ religion
