Due Process
The government must do this to not violate the Takings Clause
What is taking private property for public use and paying just compensation, which is the reasonable market value of the property?
A law will be upheld if it is substantially related to an important government purpose under this test
What is intermediate scrutiny?
True or False: Treaties may not conflict with existing federal statutes.
False. Treaties MAY conflict with existing federal statutes. They have the same status as federal statutes, so the last in time prevails when there is a conflict between a treaty and a federal statute.
Where does Congress have police powers?
Military Bases, Indian Reservations, Federal Lands, DC
(MILD)
A statute allows legitimate children to sue to challenge the administration of a will, but prohibits illegitimate children from doing so. An illegitimate child challenges this in court, and their best argument is:
A. Substantive Due Process
B. Equal Protection Clause
C. Privileges and Immunities
D. Procedural Due Process
B. Equal Protection Clause. Similarly situated groups being treated differently. Illegitimacy is subject to intermediate scrutiny.
What are some of the requirements needed to be met before a warrant is issued?
Probable Cause; All areas to be searched/items to be seized must be specifically described; Must be issued by a judge
Under the Free Speech Clause, a regulation of speech on a particular topic in a nonpublic forum must be _____.
Viewpoint neutral.
To enforce a measure to address racial discrimination against a private interstate enterprise, what power would Congress use?
Private Actor - Commerce Clause
Name + describe the 3 types of forums for speech.
Designated/Limited Public Forum: School gym used at night for town hall meetings.
Traditional Public Forum: Streets, sidewalks, parks
Private Forum: military bases, airports, prisons.
A state statute allows all grandparents the right to visit their grandchildren. Father bars grandfather from visiting and grandfather sues under the statute. What is the result?
A. Grandfather wins since custody is a matter reserved to states under the Tenth Amendment
B. The statute will be struck down as not rationally related to a legitimate government interest.
C. The statute violates Father's substantive due process rights
D. The statute will be upheld because it is substantially related to an important government interest
C. The statute violates Father's substantive due process rights
Tricky one! The SC has held that it is technically a substantive due process violation. Note that this is a privacy right and strict scrutiny must be met which is why B and D are incorrect.
Compare Procedural vs. Substantive Due Process
Procedural: Gov may not intentionally deprive someone of life, liberty or property without notice and an opportunity to be heard.
Substantive: Individual Fundamental rights = strict scrutiny, i.e. privacy rights. Everything else = rational basis.
What are some red flags to look out for the court to heighten the scrutiny of rational basis?
1) is there some animus on the part of the state
in passing the legislation?
2) Is the group historically disfavored, even if
not a protected class? [aka “hybrid review
when quasi-protected class]
3) is a fundamental interest implicated [aka
“hybrid review” when quasi-fundamental
interest]
To enforce a measure to address racial discrimination against a state, what power would Congress use? How would this interact with the 11th Amendment?
State Actor - 14th Amendment (finding of wide spread violation and use of congruent and proportional remedy. Congress can abrogate state sovereign immunity under the 11th Amendment for monetary damages.)
In terms of the Dormant Commerce Clause - what is the standard of review for facial discrimination between in state and out of state actors?
Strict Scrutiny (Compelling state interest, narrowly tailored.)
State enacts a statute that says "Anyone who does business with Syndicate Company will be imprisoned." This statute is an example of an impermissible:
A. Ex Post Facto Law
B. Bill of Attainder
C. Restraint on Freedom of Association
D. Due Process
B. Bill of Attainder, "a legislative act which inflicts punishment without a judicial trial"
What is the standard for fundamental rights under Due Process, and what are those fundamental rights?
Strict scrutiny (necessary [narrowly tailored] to a compelling governmental interest). Applies to travel, privacy, First Amendment, family rights, etc.
A state law denying government benefits to an individual based on alienage usually is subject to ____ and will be upheld _____
Strict Scrutiny; Only if the state proves that the discrimination is necessary to achieve a compelling government interest.
Explain "Adequate Independent State Grounds"
Supreme Court will not hear a federal question case if it was decided by the state court on adequate independent state grounds, i.e. based on state law.
What are two exceptions when a state may discriminate on Dormant Commerce Clause Grounds?
1) Authorized by Congress
2) State is an active participant in the market
A state imposes an additional income tax on non-residents. If the non-resident's home state would impose a lesser tax, the tax due is reduced to match that amount. It imposes no additional tax on its own residents. This likely violates what?
A. Privileges and Immunities Clause
B. Equal Protection
C. Dormant Commerce Clause
D. Nothing, it is likely valid under the state's police power
A. Privileges and Immunities Clause. Look for treating resides of other states differently with regard to economics
This is the 3-part balancing test used to determine what procedure is required if there is a violation of one's life, liberty, or property
What is the importance of the interest of the individual, the ability of additional procedures to prevent erroneous deprivation, and the government's interest?
ame the three levels of scrutiny for an Equal Protection Clause Analysis. Identify the legal standard, when it applies, burden, and likely outcome for each level.
Rational Basis Scrutiny - rationally related to a legitimate government interest, applies to age, poverty, wealth, disability, and sexual orientation*, burden on the challenger, and will likely be upheld (except for sexual orientation).
Intermediate Scrutiny - substantially related to an important government interest, applies to illegitimacy and gender, burden on state, and will likely be struck down.
Strict Scrutiny - necessary (narrowly tailored) to a compelling government interest, race, alienage, national origin, burden on state, and likely be struck down.
When may a court deny hearing a prospective case or controversy for an injunction? [RAMPS]. Explain each ground.
Ripeness - case has not fully developed.
Abstention - undecided issues of state law.
Mootness - controversy resolved.
Political Question - assigned to another branch.
Standing - plaintiff is about to or has suffered an actual or imminent injury caused by the defendant, which the court may redress.
Explain the difference between the Privileges or Immunities Clause of the 14th Amendment and the Privileges and Immunities Clause of Article IV
The rights citizens have by being citizens of the United States are covered under the Privileges or Immunities Clause of the 14th Amendment, while the rights citizens have by being citizens of a state fall under the Privileges and Immunities Clause of Article Four.
If a state tax on interstate commerce discriminates against a natural person who is a nonresident, which of the following lists contains the constitutional clauses most likely to be relevant in determining whether the tax is valid?
(A) Commerce Clause, Equal Protection Clause, and Fourteenth Amendment Privileges or Immunities Clause
(B) Commerce Clause, Equal Protection Clause, and Article IV Privileges and Immunities Clause
(C) Commerce Clause, Article IV Privileges and Immunities Clause, and Fourteenth Amendment Privileges or Immunities Clause
B. The Privileges and Immunities Clause of Article IV would be relevant in determining the validity of a state tax on interstate commerce that discriminates against a natural person who is a nonresident.