Mixed Constitutional Law Flashcards
(39 cards)
When is substantive due process triggered?
A law applies equally to all persons, yet precludes, restricts, or regulates a protected fundamental right.
Examples:
- Right to Vote
- Right to Travel
- Rights of Privacy
When is equal protection triggered?
A law applies differently to similarly situated persons. The law affects the rights of only some people with respect to a specific activity.
More Info: Equal Protection
How can an equal protection claim be triggered when the statute is neutral on its face?
The statute, while neutral on its face has a:
- Discriminatory impact
And
- Discriminatory purpose
When does the state have to prove a rational basis for an action?
They do not carry the burden initally. The rational basis burden will always be on a plaintiff.
When can Congress force a state to enact or enforce a regulatory program?
It can never can force a state to enact a regulatory program; however, it can use money to induce performance.
When does a regulatory taking occur?
A regulation denies the owner all reasonable economically viable use of his land.
What is the public use requirement for takings?
The taking must benefit the public generally. It does not have to be held out for use by the general public.
More Info: Public Use Requirement for Takings
What does the contracts clause prevent?
The states from retroactively impairing the obligation of an existing public or private contract.
More Info: Contracts Clause
When do ex post facto laws apply?
Criminal law
What does the 11th Amendment provide?
A state may not be sued in federal court by its own citizens or citizens of another state without its consent.
What lawsuits does the 11th Amendment not bar?
- State officials may be sued personally
- A state may be sued by another state or by the United States
- Congress can waive the 11th to enforce equal protection
* More Info:* 11th Amendment
What are the fundamental rights to privacy?
- Contraception
- Abortion
- Marriage
- Procreation
- Private Education
- Family Relations
What review standard is applied to a law discriminating based upon race?
Strict Scrutiny
When can advisory opinions be issued by federal courts?
They cannot be given: all decisions must carry the power of law.
More Info: Advisory Opinions
When does a taxpayer have standing?
Only to make an establishment clause challenge to an expenditure under the taxing and spending power.
Where is a person domiciled?
Where a person has:
- Physical presence
And
- Intent to remain
Can the state require an individual to display a message?
No, a state can never compel speech.
What are the elements a law needs to pass the establishment clause?
- The primary purpose must be secular (non religious)
- Primary effect may neither inhibit nor advance religion
- There is no excessive government entanglement with religion.
What does the privileges and immunities clause prohibit?
One state from discriminating against the citizens of another state. It only applies to state action.
Who does the contracts clause apply to?
State action invalidating contract rights of parties. It does not apply to the federal government.
Who does the equal protection clause of the 14th Amendment apply to?
The states. It does not apply to the Federal government.
When can a state’s law supercede federal law?
When the federal law sets the floor for regulations on:
- Health
- Safety
or
- Welfare
* More Info:* State Law Superceding Federal
Can the president sell military equipment?
No, only Congress can sell federal property.
How can a bona fide purchaser pay value?
- Purchase with money
- Purchase with a mortgage
- Receive the rights to the property as a judgement creditor.
