MEE Constitutional Law

Question 1

Equal Protection Clause

Answer 1

The equal protection clause prohibits states and subsidiary state governments from discriminating against certain classes of people without adequate justification

Question 2

When Private Action is government action

Answer 2

Private action will constitute government action when: 1. the private actor is performing a traditional and exclusive states function; or 2. the state is significantly involved in the private action

Question 3

Intermediate Scrutiny

Answer 3

The government must prove that the action is substantially related to achieving an important governmental interest

Question 4

When significant state involvement has not been found

Answer 4

State regulation of industry, State licensing, providing essential services like police and fire, Regulation of private school

Question 5

Eleventh Amendment

Answer 5

Prohibits federal courts from hearing most private actions against state government. The prohibition includes actions in which the state is named as a party or in which the state will have to pay retroactive damages.

Question 6

Claim Against State Officials

Answer 6

Is not barred by 11th Amendment. Private parties may bring actions to enjoin an officer from future conduct that violates constitution or federal law. Exception includes enjoining an officer from enforcing an unconstitutional state law.

Question 7

Dormant Commerce Clause

Answer 7

Under this clause, if Congress has not enacted laws regarding a subject, a state or local government may regulate local aspects of interstate commerce if the regulation: 1. does not discriminate against out of state competition to benefit local economic interests; 2. is not unduly burdensome ( so that the burden on interstate commerce does not outweighs the local interests)

Question 8

Time, Place, and Manner

Answer 8

In a public forum the regulation must: 1. be content neutral; 2. be narrowly tailored to serve a significant government interest; and 3. leave open alternative channels of communication

Question 9

Fifth Amendment

Answer 9

Takings Clause: The 5th amendment prohibits governmental taking of private property for public use without just compensation.

Question 10

What is a taking?

Answer 10

A regulation will constitute a taking if: 1. it amounts to a physical appropriation; 2. denies an owner of all economic use; or 3. unreasonably interferes with distinct investment-backed expectation of the owner