Constitutional Law Wrong Answers

When is the privileges AND immunities clause triggered?

when there is discrimination against an out-of-state resident

Are out-of-state residents a protected class under the 14th Amendment Equal Protections Clause?

no

What kind of legislation may states enact using their police power?

they have a right to use it to enact legislation for the health, welfare, and safety of its citizens, but they must NOT:

• encroach on federal powers; or

• unduly impact interstate commerce

Is income level a suspect category?

no. it is not protected, so if the law makes it hard for the poor economically, its not seen as an injustice because there are always people that can’t afford certain things.

What does the necessary and proper clause do?

it allows Congress to choose any means to carry out it’s constitutional powers

What is the mootness requirement for a federal court to hear a case?

a real, live controversy must exist at all stages of review

When may a federal court still hear a case, even though it has become moot?

When the same plaintiff is likely to have the same problem which could not be resolved in court because of the short duration of the action

• this is called “capable of repetition yet evading review”

Does the 1st Amendment apply to restrict private companies?

No, because there is no state action to limit from them

May states limit government benefits to nonreligious organizations?

No, to avoid violation of freedom of religion shouldn’t exclude religious organizations

What must a person show to demonstrate a concrete stake in the outcome for standing?

An injury in fact caused by the government, which can be remedied by a ruling in the plaintiff’s favor

• IOW: injury, causation, and redressability

Can a state regulation favor local governments when performing government functions under the Commerce Clause?

Yes, favoring local governments is an exception to the negative implications of the Commerce Clause

Assuming that Congress has not enacted laws regarding a subject, when may a state regulate local aspects of interstate commerce?

When the regulation:

1. does not discriminate against out-of-state competition to benefit local economic interests; and

2. is not unduly burdensome

What is the Privileges and Immunities Clause?

prohibits discrimination against nonresidents with respect to essential activities or fundamental rights

What are the requirements for a state law to discriminate against nonresidents with respect to essential activities (aka pursuing livelihood)?

It must be shown that:

1. the discrimination is closely related to a substantial state purpose; and

2. less restrictive means are not available

What is the Privileges or Immunities Clause?

prohibits states from denying their citizens the privileges and immunities of national citizenship, which includes the right to travel

May a state law require residency for a certain amount of time in order to enjoy the rights and privileges of citizens under the Privileges or Immunities Clause?

No. A state law that distinguishes between new residents solely on length of residency will serve no legitimate state interest, and is a violation of the Clause

Would a state law discouraging people from moving state to state in violation of the Equal Protection and Privileges or Immunities Causes?

Yes, because it counters the right to travel under the Privileges or Immunities Clause

Does a procedural due process problem arise when a judge has an interest in a case before them that causes a serious risk of bias, or actual bias?

• Why? (what is the rule?)

Yes. Under the 5th and 14th amendments, the government shall not take a person's life, liberty, or property without due process of law, which requires a fair process with a neutral decisionmaker

For due process purposes, when will a person be deemed to have a property interest in continuation of a government benefit?

When they have a legitimate claim or entitlement to the property

For Due Process purposes, What does a government employer owe to a public employee who is subject to removal only for “cause” under a statute?

They must be given notice of the charges and a pre-termination opportunity to respond to those charges.

When is public employment a protected property interest?

• what is owed if the employee is fired?

if there is a clear practice or mutual understanding that an employee can be terminated only for "cause”

• they are owed reasons for termination (notice) and a hearing (opportunity to defend)

What standard is applied to legislation preventing non-residents from voting in a jurisdiction, provided the non-residents are impacted by the decisions being voted on?

rational basis.

• yes, voting is a fundamental right, but excluding non-residents has historically gotten rational basis

What is the standard for whether the positioning of voting districts is valid?

the deviation from mathematical equality between districts is reasonable and tailored to promote a legitimate state interest, the law establishing the districts will likely be upheld

Under the equal protection clause, what three categories get strict scrutiny?

1. race

2. national origin

3. alienage