Constitutional Law

Federal courts can only hear actual cases & controversies.

True

Standing

1) P suffered injury in fact; 2) Causation; AND 3) Injury is redressable by court order.

Third party standing

NOT permitted UNLESS: a) Close relationship exists; b) Difficult/Unlikely for third-party to assert their rights;

State sovereignty immunity

Prohibits suing a State (or State agency) in Federal Court UNLESS:

a) State consents; b) Case involves Federal law adopted under Section 5 of 14th Amendment; c) Only seeking injunctive relief against State Official; OR d) Seeking money damages from State official.

Conditional receipt of federal funds

Congress MAY attach restrictions or conditions on States receiving federal funds IF:

1) Spending for general welfare;

2) Condition not ambiguous

3) Condition is related to federal interest in national projects or programs;

4) Condition cannot induce unconstitutional activity; AND

5) Condition is not so coercive as to turn pressure into compulsion.

Commerce Clause

Regulation of Interstate Commerce —

1. Under Commerce Clause, Congress MAY regulate:

   1. Channels (e.g. highways, phone lines);

   2. People & Instrumentalities (e.g. cars, pilots);

   3. Economic/Commercial activity having a substantial effect on interstate commerce.

2. Regulation of Intrastate Activity — Upheld if:

   1. Rational basis,

   2. To conclude that cumulative impact (aggregation),

   3. Has a substantial effect on interstate commerce. Aggregation NOT allowed if it’s not a commercial or economic activity

A Treaty may be negotiated by the President, BUT it must be ratified by the Senate.

True

President HAS power to enter into Executive Agreements (agreement between President & a head of foreign country) WITHOUT Senate approval.

True

Congress CANNOT compel a State Govt. to implement legislation.

True

Negative commerce clause

States CANNOT pass laws that:

a) Discriminate against out-of-state commerce; OR

A law that facially discriminates or having a discriminatory impact is UNCONSTITUTIONAL. Exceptions: a) Burden is narrowly tailored to achieve a legitimate, non-protectionist state objective; OR b) State is a market participant.

b) Place an undue burden on interstate commerce.

Non-discriminatory laws that place an undue burden on interstate commerce are UNCONSTITUTIONAL if: 1) Burden on interstate commerce, 2) Is clearly excessive to the putative benefits to state/local govt.

Priv and Immunities Clause

States CANNOT intentionally discriminate against non-residents as to: a) Civil Liberties (e.g. right to vote, travel interstate); OR b) Important Economic Activities (e.g. ability to earn a livelihood).

TAKINGS, Govt. may take private property for public use IF IT PROVIDES just compensation.

True

Regulatory taking

• Depriving Owner of All Economically Viable Use

Equal Protection Clause

The Equal Protection Clause of the Fourteenth Amendment prohibits states from denying any person within their jurisdiction the equal protection of the laws.

It applies to the federal government through the Due Process Clause of the Fifth Amendment. 

To trigger equal protection review, there must be government action that treats similarly situated individuals differently. 

True

To analyze an equal protection claim, a three-step approach will be used 

1. Government action

2. discriminatory classification

3. determine the level of scrutiny

Different types of discrimination under equal protection claim 

This can be proven in three ways: 
(1) the law discriminates on its face, 
(2) the law is facially neutral but is applied in a discriminatory manner, or 
(3) there is a discriminatory purpose behind the law, shown by both disparate impact and intent. 

Levels of scrutiny

• Strict Scrutiny: Applied to suspect classifications (race, national origin, and certain cases of alienage) or fundamental rights. The government must prove the classification is necessary to achieve a compelling governmental interest. 

• Intermediate Scrutiny: Applied to quasi-suspect classifications (gender and illegitimacy, undocumented alien). The government must prove the classification is substantially related to an important governmental interest. 

• Rational Basis: Applied to all other classifications (such as age, wealth, disability). The burden is on the challenger to prove the law is not rationally related to any legitimate governmental interest. 

Substantive Due Process vs. Procedural Due Process

Substantive due process: Substantive due process protects certain fundamental rights from government interference, even if procedures are followed; laws affecting these rights must meet strict scrutiny. These fundamental rights include right to vote, marry, or travel, or privacy, etc

 

Procedural due process: Procedural due process requires notice and a meaningful opportunity to be heard before the government may deprive an individual of life, liberty, or property. 

Durational residency requirements

durational residency requirements are typically reviewed under the Right to Travel, which is a fundamental right. This triggers strict scrutiny when the law penalizes new residents for exercising their right to move between states. 

Establishment clause

Laws that are facially neutral (not discriminating against a particular religion) → PROHIBITED IF historical practices & understandings of Establishment Clause are violated.

Funding for religious colleges

The U.S. Supreme Court has upheld grants of public funding for religious colleges and universities when the funds are used for non-religious purposes. So long as the primary purpose and effect of the funding is non-religious, the Supreme Court has held that the risk of excessive government entanglement is minimal at the post-secondary level because religious colleges and universities are primarily secular educational institutions, unlike primary and secondary religious schools where religious instruction is stressed.

Restrictions on speech in public forum

Content-Based Restriction → Must satisfy Strict Scrutiny.

Content Neutral Restriction → Govt. MAY regulate time, place, & manner if it satisfies Intermediate Scrutiny(+It leaves open alternative channels of communication.)

Restriction of speech in non-public forum

Government MAY regulate speech if: 1) Reasonable, AND 2) Viewpoint Neutral.

Types of speech not protected

1. fighting words

2. obscene speech

3. incitement of lawless action

Commerical speech

Truthful, Non-Misleading Commercial Speech — Govt. MAY regulate if: 1) Regulation directly advances, 2) A substantial governmental interest, AND 3) Is no more extensive than necessary (reasonably tailored) to serve that interest.

Freedom of association

Govt. MAY regulate the right to associate in a group ONLY IF it satisfies Strict Scrutiny.