Con Law Problem Areas

Commerce Regulation

SC has sustained congressional power to regulate any activity, local or interstate, that either in itself or in combination with other activities has a substantial economic effect upon or effect on movement in interstate commerce

Taxpayer Standing

person must allege they are payer of federal income tax and the use of federal funds is improper under Congress taxing and spending power, i.e. it violates the Establishment Clause

DCC Exception

regulation favoring local govts when performing govt functions

State Regulation of Local Interstate Commerce

regulation as long as local regulation does not conflict with or is not preempted by federal regulation AND

• it does not discriminate against out of state competition in order to benefit local economic interests AND

• incidental burden on interstate commerce does not outweigh local benefits

Privileges AND Immunities Clause

prohibits discrimination against nonresidents with respect to essential activities unless

• discrimination is closely related to substantial state purpose and

• less restrictive means are not available

Right to Travel

includes rights of newly arrived citizens to enjoy same P&I as are enjoyed by other citizens. state law that distinguishes btw new residents solely on length of their residency will serve no legitimate state interest

Obscenity - Zoning Ordinances

zoning ordinance prohibiting location of adult bookstores and theatres is permissible if it is designed to promote substantial govt interests and does not prohibit all such entertainment in the community

Limited Public Forum

valid time, place, manner regulation must be viewpoint neutral and rationally related to a legitimate govt purpose