Essay Rules Flashcards
(46 cards)
State Action
The Constitution generally protects against wrongful conduct by the government, not private parties. State action is a necessary prerequisite to triggering constitutional protections.
Standing
A federal court cannot decide a case unless P has standing to bring it. To have standing, a plaintiff bears the burden of establishing (1) injury in fact; (2) causation; and (3) redressability (the relief requested must prevent or redress the injury).
Commerce Clause
Congress has the power to regulate (1) the channels (highways, waterways, airways, etc.) and (2) the instrumentalities (cars, trucks, ships, airplanes, etc.) of interstate commerce, as well as (3) any activity that substantially affects interstate commerce (economic activity in the aggregate)
Delegation of Legislative Powers
Because Congress is vested by Article I with “all legislative powers,” it may not delegate that power to any other branch of government. Delegation of some of Congress’s authority to the executive branch has consistently been held constitutional, as long as Congress specifies an “intelligible principle” to guide the delegate.
Commandeering
Congress can’t “commandeer” state legislatures by commanding them to enact specific legislation or administer a federal regulatory program, and it may not circumvent that restriction by conscripting a state executive officer directly. However, through the use of the taxing and spending powers, Congress may encourage state action that it cannot directly compel.
Equal Protection - Strict Scrutiny
The law must be necessart and the least restrictive means to achieve a compelling government interest. The strict scrutiny test is applied if a fundamental right or a suspect classification is involved. The suspect classifications are race, ethnicity, national origin, and, if the classification is by state law, alienage. The burden is on the government to prove that the law is necessary.
Equal Protection - Constitutional basis
14th Amendment Equal Protection Clause for states and 5th Amendment Due Process Clause for federal government. Guarantees that similarly situated people will be treated the same.
Equal Protection - Intermediate scrutiny
The law must be substantially related to an important government interest. Used when a classification is based on gender or status as a non-marital child. Note that in gender cases, there must be an “exceedingly persuasive justification” for the classification, which may bring the standard in such cases closer to strict scrutiny. Burden appears generally to be on the government to prove that the law in question passes intermediate scrutiny.
Equal Protection - Rational basis standard
A law passes the rational basis standard of review if it is rationally related to a legitimate state interest. Used when a nonsuspect classification is involved. Laws are presumed valid under this standard, so the burden is on the challenger to overcome this presumption by establishing that the law is arbitrary or irrational.
Regulatory Taking - Partial Taking
Affects some economic use of the land but there is still some economic use available. Consider: (1) the economic impact (how much value was lost); (2) rsbl expectation (owner’s rsbl expectation of return on investment), and (3) the character of the regulation (does the regulation impact a few owners or the entire community?)
Spending Powers
Congress has the power to spend for the “general welfare”, i.e., any public purpose, not just to pursue its other enumerated powers. Congress can condition federal funds to the states and require states to implement certain regulations.
Standing - Injury in Fact
The injury must be concrete and particularized. While the threat of future injury can suffice, it cannot be merely hypothetical or conjectural, but must be actual and imminent.
Standing - Causation
The plaintiff must show that the defendant’s conduct caused the injury.
Standing - Redressability
It must be likely that a favorable court decision will redress a discrete injury suffered by the plaintiff.
Standing - Organizational Standing
An organization may bring an action when it has suffered an injury. (1) individual members have standing; (2) the claim is related to the purpose of the org and; (3) the individual members are not necessary to adjudicate the claim.
Ripeness
“Ripeness” refers to the readiness of a case for litigation. A federal court will not consider a claim before it has fully developed. For a case to be ripe for review, the plaintiff must have experienced a real injury or imminent threat thereof.
Mootness
A live controversy must exist at each stage of review, not merely when the complaint is filed. A case has become moot if there is no longer a controversy.
First Amendment - Free Exercise Clause
Guarantees the free exercise of religion, including the freedom to believe and the freedom to act. The freedom of belief is absolutely protected. (1) The government may not require affirmation of a belief (2) if law of gen app analysis-RBR (3) if gov intentionally interfered-SS
Free Exercise Clause - Law of General Applicability
Gov may regulate conduct only if there is an incidental interference with a person’s ability to engage in religious practices under a neutral law of general applicability. Subject only to rational basis review.
Free Exercise Clause - Strict Scrutiny Test
Laws that intentionally target religious conduct/belief are subject to strict scrutiny. To pass the strict scrutiny test, D must show that the law is necessary to achieve a compelling interest and that it is the least restrictive means of doing so.
First Amendment - Establishment Clause
Prohibits the establishment of religion. If a law includes a preference for one religion over another, or religion over nonreligion, then the court will apply the strict scrutiny test. When a law does not facially prefer religion but has the effect of disfavoring/favoring religion, then the Lemon test will apply.
Establishment Clause - Lemon Test
Requires that to be valid the law (1) must have a secular purpose, (2) a primary effect that neither advances nor inhibits religion, and (3) not result in excessive government entanglement with religion.
Procedural Due Process
DP Clause of the 14th A provides that “no state shall make or enforce any law which shall . . . deprive any person of life, liberty, or property, without due process of law.” (1) Court will first determine if there has been a deprivation of a life, liberty, or property (LLP) right. If there has been a taking of an LLP right, then second, the court will (2) determine whether sufficient due process was afforded/what amount of due process is due.
PDP - (1) Deprivation of a right?
Liberty interests may include fundamental rights, such as those guaranteed by the U.S. Constitution. Moreover “property” rights are loosely defined and include almost any legitimate claim of entitlement, such as rights provided within an employment contract.
