=Protection/DP

Question 1

Article IV - Privileges and Immunities Clause

Answer 1

Prohibits discrimination by a state against a non-resident.

Only provides protection vs. fundamental rights or civil liberties such as important economic interest like livelihood.

Generally only applies when discrimination is protectionist in nature.

Question 2

Does Article IV - Privileges and Immunities protect corporations and aliens?

Answer 2

No

Question 3

What doctrines protect aliens?

Answer 3

Equal Protections

Due Process of 14th Amendment

Dormant Commerce Clause

Question 4

Outcome if State regulation discriminates against interstate commerce on its face?

Answer 4

Invalid unless:

1) Furthers important non-economic activity and state interest and no reasonable alternative exists.
OR

2) State is a market participant

OR

3)Involves government action regarding performance of a traditional government function

Question 5

What is the principal of the dormant commerce clause?

Answer 5

If congress has not enacted laws regarding a subject, a state or local government may regulate local aspects of interstate commerce.

The state cant discriminate or unduly burden interstate commerce - otherwise its a violation of the commerce clause

Question 6

What is another name for the dormant commerce clause?

Answer 6

The negative commerce clause

Question 7

True or False: A state can prefer its own citizens if it is a market participant

Answer 7

True

Question 8

How can a state win a challenge to a claim of a violation of the DCC?

Answer 8

The state must prove that:
(i) regulations furthers an important non-economic interest
and
(ii) no reasonable non-discriminatory alternative is available.

Question 9

What is the analysis if the state/local law does not discriminate?

Answer 9

Commerce Clause: If burden on interstate commerce and such burden outweighs the state interest = invalid

No claim under Article IV P & I because no discrimination.

Question 10

Who generally regulates foreign corporations?

Answer 10

Congress

Question 11

Who generally regulates aliens?

Answer 11

Congress

Question 12

Is there a market exception to commerce clause?

Answer 12

Yes

Question 13

Is there a market exception to P&I of Article IV

Answer 13

No

Question 14

What is the result of a state law burdens ICC but is not discriminatory on its face?

Answer 14

Invalid

Unless the state’s interest in regulation outweighs the burden on interstate commerce.

Question 15

What is the analysis if state and local action discriminate vs. out of state entities?

Answer 15

Commerce Clause analysis and PI of Article IV analysis

Question 16

Can a corporation or alien be a plaintiff under a commerce clause challenge?

Answer 16

Yes

Question 17

Can a corporation or alien be a plaintiff under a privilege and immunities challenge?

Answer 17

No

Question 18

What is the 14th Amendment Priv OR Immunities Clause?

Answer 18

A state may not deny their citizens privileges or immunities of natural citizenship
-voting, interstate travel, petition to congress

Question 19

What is the affect if state regulation affects activity addressed by federal legislation?

Answer 19

The regulation is invalid if:

1) Federal law preempts the field; or
2) state law conflicts with federal law

Valid if the federal law authorizes it and there is no conflict with another law.

Question 20

What is the result if a law

1) Not affect activity regulation by federal law
2) not discriminate against interstate commerce
3) Not burden interstate commerce

Answer 20

Valid state regulation

Question 21

How can a state law or regulation survives challenges under Article IV Privlege and Immunity?

Answer 21

State must show that non-resident either caused or is part of the issue; and
no less restrictive means are available to solve the problem.

Question 22

What level of scrutiny is given to General discrimination?

Answer 22

Intermediate

Question 23

What level of scrutiny is given to legitimacy discrimination?

Answer 23

Intermediate

Question 24

Is an all male draft considered valid or invalid law?

Answer 24

Valid

Question 25

Are rape laws considered to be valid or invalid gender based laws?

Answer 25

Valid

Question 26

Are gender-based death benefits valid or invalid?

Answer 26

Invalid

Question 27

Are gener-based peremptory strikes valid or invalid?

Answer 27

Invalid

Question 28

Is alimony only for women valid or invalid?

Answer 28

Invalid

Question 29

Gender based discrimination drinking age - valid or invalid?

Answer 29

Invalid

Question 30

What are the suspect classes?

Answer 30

Race/National Origin/Religion/Alienage State discrimination against aliens. If congress does it not strict scrutiny

Question 31

What is the scrutiny standard if congress discriminates against alien?

Answer 31

Likely - rational basis - usually upheld if reasonable.

Question 32

What is the scrutiny standard if a state discriminates against alien?

Answer 32

Strict Scrutiny

Question 33

What is the scrutiny standard for affirmative action?

Answer 33

Strict Scrutiny: Ok to remedy past discrimination - Must be narrowly tailored - States can remove affirmative action

Question 34

Can race be considered for drawing district lines?

Answer 34

Yes but it cannot be the predominant factor

Question 35

Is racial imbalance enough for a law to be struck down?

Answer 35

No - there must be discriminatory intent.

Question 36

What type of power does congress have over aliens and corporations?

Answer 36

Plenary Power

Question 37

What is the standard if the law against an alien discriminates against their participation in state law?

Answer 37

Rational basis test - applies to work as a police office, h.s./m.s./elementary school teacher/ probation officer

Question 38

What is the standard for discriminating against undocumented individuals?

Answer 38

Rational basis

Question 39

Can undocumented children be discriminated against regarding access to education?

Answer 39

No - Intermediate scrutiny

Question 40

When is Substantive Due Process Triggered?

Answer 40

If a law limits liberty to all person who engage in some activity.

Question 41

Who does Substantive Due Process under the 5th Amendment apply to?

Answer 41

Federal Government

Question 42

Who does Substantive Due Process under the 14th Amendment apply to ?

Answer 42

State and Local Government

Question 43

If a fundamental right is affected, what is the scrutiny level for substantive due process?

Answer 43

Strict Scrutiny

Question 44

If a fundamental right is not affect, what is the scrutiny level for substantive due process?

Answer 44

Rational Basis

Question 45

What is the rational basis standard?

Answer 45

Law is upheld if it is rationally related to a legitimate government purpose.

Question 46

What is the intermediate scrutiny standard?

Answer 46

Law upheld if it is substantially related to an important government interest.

Question 47

What triggers intermediate scrutiny

Answer 47

Gender and Legitimacy

Question 48

What is the strict scrutiny standard?

Answer 48

Law is upheld if its necessary to achieve a compelling government interest

Question 49

When is strict scrutiny triggered?

Answer 49

Fundamental rights (Privacy/Interstate Travel/ Voting/ First Amendment) Suspect class (National Origin/Race/Alienage)

Question 50

What is procedural due process?

Answer 50

Individual has the right to notice and an opportunity to be heard before a right is taken away.

Question 51

When is equal protection triggered?

Answer 51

If law treats a person or class differently from others. Applies to discriminatory and arbitrary action.

Question 52

What is the difference between substantive due process and equal protection?

Answer 52

Substantive process applies to individuals across the broad. Equal protection treats a person or class differently from others.

Question 53

What is key to prevail in an equal protection challange?

Answer 53

There must be an intent to discriminate by showing 1) law is discriminatory on its face; or 2) law has a discriminatory application even though its facially neutral; or 3) There is a discriminatory motive behind the law Discriminatory effect along is not enough.

Question 54

Valid or Invalid under Article IV for P&I: Statute requiring non-rez to pay $2500 for license to commercial fishing and residents pay 5.00.

Answer 54

Invalid

Question 55

Valid or Invalid under Article IV for P&I: Statute gives resident creditors priority over non resident cretiros to assets for foreign corps.

Answer 55

Invalid

Question 56

Valid or Invalid under Article IV for P&I: Statute imposing residency requirements for abortion

Answer 56

Invalid

Question 57

Valid or Invalid under Article IV for P&I: Rule limiting bar admission to state residents.

Answer 57

Invalid

Question 58

Valid or Invalid under Article IV for P&I: Statute requiring private sector employers to hire residences as first preference.

Answer 58

Invalid

Question 59

Valid or Invalid under Article IV for P&I: Statute requiring non residence to pay 225 for a recreational hunting license and residents to pay 25

Answer 59

Valid

Question 60

Is a mere desire or hope enough for a property claim under due process?

Answer 60

No - there must be a legitimate claim - an entitlement under state or federal law to the property interest.

Question 61

What due process requirements are in place for commitment to mental institution?

Answer 61

Adult: Prior notice and prior hearing (Except in emergency situation) Child: Prior screening in front of a neutral decision maker.

Question 62

What due process requirements are in place for Welfare Benefits?

Answer 62

Prior notice and prior evidentiary hearing

Question 63

What due process requirements are in place for Disability Benefits?

Answer 63

Prior notice and opportunity to respond with subsequent evidentiary hearing

Question 64

What due process requirements are in place for Public employment (tenured or termination for cause only)

Answer 64

Prior notice and opportunity to respond with subsequent evidentiary hearing

Question 65

What due process requirements are in place for Public Education (discipline/dismissal)?

Answer 65

Prior notice and an opportunity to be heard. No evidentiary hearing.

Question 66

What due process requirements are in place for Driver's License suspension?

Answer 66

Prior evidentiary hearing - except breathalyzer suspension statute.

Question 67

What due process requirements are in place for Termination of Parent custody rights?

Answer 67

Prior notice and prior evidentiary hearing.

Question 68

What due process requirements are in place for civil forfeitures?

Answer 68

Prior notice and evidence hearing for real property. Subsequent notice and hearing for personal property.

Question 69

What due process requirements are in place for Detention of Citizen enemy combatants?

Answer 69

Subsequent notice and a meaningful opportunity to contest the actual basis for detention before a neutral decision maker.

Question 70

What is the difference between Substantive Due Process and Equal Protection?

Answer 70

Substantive Due process limits liberty of all persons to engage in some activity. Equal protection treats a person or class of persons differently from others.

Question 71

What is the claim if fundamental rights are denied to everyone?

Answer 71

Substantive due process.

Question 72

What is the claim if fundamental rights are denied to some individuals and not others?

Answer 72

Equal protection

Question 73

What are the fundamental rights under the Substantive Due Process Clause?

Answer 73

``` Privacy Rights: Contraceptives Abortion Marriage Procreation Education of children Right to keep family together Sexual Contact ``` Right to vote Right to travel

Question 74

What is the test for violation of a privacy right or fundamental right?

Answer 74

Strict scrutiny except for Abortion and Sexual Contact which have own standards.

Question 75

Pre-viability Rules

Answer 75

Before viability, a state can adopt regulation protecting the mother's health and life of fetus if it does not place an undue burden on the woman's right to get an abortion.

Question 76

What is an undue burden for abortion?

Answer 76

1) Requiring notice to spouse | 2) Requiring physician to have admitting privileges at a hospital

Question 77

What is not an undue burden for abortion?

Answer 77

1) Requiring doctor to give info for informed consent 2) Requiring 24 hour waiting period 3) Requiring parental consent or parental notice for minors to get abortion with judicial bypass 4) Requiring abortions by licensed physicians 5) Barred a well defined partial abortion procedure if other options available

Question 78

Post Viability

Answer 78

State's interest in the fetus can override the woman's right to an abortion but state cannot prevent it if necessary to protect a woman's health of safety.

Question 79

How judges deal with abortion statutes

Answer 79

If there is a valid application to the statute, fashion a narrower relief against the unconstitutional application.

Question 80

Standard for Sexual Contact

Answer 80

Government has no legitimate interest in regulating it - no standard has been set

Question 81

Standard for violation of right to vote?

Answer 81

Strict Scrutiny

Question 82

Residency Requirements and ID for voting

Answer 82

Valid

Question 83

Property ownership for voting

Answer 83

Invalid

Question 84

Poll Tax for voting

Answer 84

Invalid

Question 85

Test for Right to Travel

Answer 85

Strict Scrutiny - Domestic Only

Question 86

When is the right to travel at issue?

Answer 86

When a state imposes a minimum durational residency requirement to receive a benefit or gives benefits based on residency length.

Question 87

One year residency requirement for welfare benefits

Answer 87

Invalid

Question 88

One year residency requirement for state sub medical care

Answer 88

Invalid

Question 89

One year residency requirement to vote in state

Answer 89

Invalid

Question 90

30 days residency requirement to vote in state

Answer 90

Valid

Question 91

One year residency requirement to get divorced

Answer 91

Valid

Question 92

When does equal protection apply?

Answer 92

When the Gov draws a distinction among people.

Question 93

When does substnative due process apply?

Answer 93

Does Gov have an adequate reason for taking away a person's life, liberty or property?

Question 94

When does the DCC apply?

Answer 94

Burden on interstate commerce. Corps and Aliens can sue under this.

Question 95

When does Priv and Immunity of Art IV apply?

Answer 95

Discrimination of out of staters required in order to apply. Requires discrimination with fundamental rights or important economic activities. Corps and aliens cannot sue under this.

Question 96

What is the Priv or Immunities of 14th Amendment?

Answer 96

Used to preserve a person's right to travel from one state to another.