Constitutional Law Essay Workshop – Key Concepts

A comprehensive set of question-and-answer flashcards covering the major doctrines, tests, and examples discussed in the Constitutional Law Essay Workshop notes, intended to aid exam review.

What three requirements must an individual plaintiff satisfy for Article III standing?

(1) Injury in fact; (2) causation; and (3) redressability.

Under the Eleventh Amendment, when may a citizen sue a state in federal court?

Only when Congress expressly abrogates immunity while enforcing the 13th, 14th, or 15th Amendments, or when the state consents.

When is a case dismissed as moot?

When a live controversy no longer exists at all stages of review.

What does ripeness require?

That the plaintiff has suffered an actual injury or faces an imminent, non-speculative injury.

Name the three categories Congress may regulate under the Commerce Clause.

(1) Channels of interstate commerce; (2) instrumentalities of interstate commerce; and (3) activities that substantially affect interstate commerce.

How is intrastate economic activity evaluated under the Commerce Clause?

Congress may aggregate the activity’s effects to find a substantial effect on interstate commerce.

Can Congress aggregate noneconomic intrastate activity to show a substantial effect on interstate commerce?

No; noneconomic activity must itself have a substantial effect without aggregation.

What two limits apply to conditions attached to federal Spending-Power funds?

The condition must (1) relate to the purpose of the funds and (2) not be coercive.

When is a federal delegation of legislative power valid?

If Congress supplies an "intelligible principle" to guide the delegatee’s discretion.

Name two core domestic executive powers of the President.

(1) Appointment and removal of officials; (2) power to grant pardons (also acceptable: duty to execute laws, Commander-in-Chief power).

What does the Supremacy Clause accomplish?

It makes valid federal law supreme over conflicting state law.

What is express preemption?

A federal statute explicitly states that it is the exclusive law in a given field, invalidating conflicting state laws.

List the three types of implied preemption.

(1) Field occupation; (2) direct conflict; (3) indirect conflict that frustrates federal purposes.

Who is protected by the Article IV Privileges & Immunities Clause?

Individual U.S. citizens—not corporations or aliens—against state discrimination affecting important economic activities or civil liberties.

What does the anti-commandeering principle of the 10th Amendment prohibit?

Congress may not compel state legislatures or executives to enact or administer federal regulatory programs.

State law that discriminates against out-of-state commerce is valid only if the state shows what two things?

(1) It serves an important state interest, and (2) no reasonable non-discriminatory alternatives are available.

What is the Market Participant Exception to the Dormant Commerce Clause?

When a state acts as a buyer or seller in the market, it may favor in-state business.

How does a court evaluate a nondiscriminatory state law that burdens interstate commerce?

By balancing the statute’s purpose against the burden on commerce and considering less-restrictive alternatives.

When can a private entity be treated as a state actor?

When it performs a traditionally exclusive public function or is significantly intertwined with the state.

What are the two main kinds of takings under the 5th Amendment?

(1) Physical taking and (2) regulatory taking.

Define a total regulatory taking.

A regulation that leaves the property with no economically viable use.

List the three Penn Central factors for a partial regulatory taking.

(1) Economic impact; (2) interference with reasonable investment-backed expectations; (3) character of the regulation.

What two requirements make an exaction valid and not a taking?

(1) Essential nexus between the condition and a legitimate state interest; (2) rough proportionality between the burden imposed and the development’s impact.

What measure of compensation is owed for a taking?

Fair market value of the property at the time of the taking.

Under zoning law, when may a variance be granted?

When denial would impose an undue hardship and the variance is consistent with overall zoning goals.

What procedural elements constitute due process before deprivation of life, liberty, or property?

Notice, a hearing, a neutral decision-maker, and an opportunity to appeal.

What three Mathews v. Eldridge factors determine how much process is due?

(1) The private interest affected; (2) risk of erroneous deprivation and value of additional safeguards; (3) government’s interests and burdens.

Which rights trigger strict scrutiny under Substantive Due Process?

Fundamental rights: life, liberty, property interests, voting, interstate travel, and privacy rights (marriage, contraception, etc.).

State action that burdens a non-fundamental right is upheld under which standard?

Rational basis review (rationally related to a legitimate governmental interest).

What intent must a plaintiff show to invoke strict or intermediate scrutiny under Equal Protection?

Discriminatory governmental intent, not just disparate impact.

Which classifications invoke strict scrutiny under Equal Protection?

Race, national origin, and laws burdening fundamental rights.

State gender classifications are tested under what standard, and what extra showing is required?

Intermediate scrutiny plus an "exceedingly persuasive justification."

Define rational basis review.

A law is upheld if it is rationally related to a legitimate government interest; the challenger bears the burden.

What power does Congress possess under §5 of the 14th Amendment?

To enact legislation that enforces Due Process and Equal Protection rights against the states.

What three-part test validates regulation of symbolic speech?

The regulation (1) furthers an important governmental interest, (2) is unrelated to suppressing ideas, and (3) burdens speech no more than necessary.

When is a statute unconstitutionally overbroad?

When it regulates substantially more speech than necessary to achieve a compelling interest.

What makes a law void for vagueness?

It fails to give a person of ordinary intelligence fair notice of what conduct is prohibited.

Define a "prior restraint."

A regulation that suppresses speech before it occurs, often through licensing or injunctions.

Content-based speech regulation must satisfy which test?

Strict scrutiny: necessary to achieve a compelling government interest and narrowly tailored.

How is protected commercial speech regulated?

Under Central Hudson: regulation must advance a substantial interest directly and be narrowly tailored.

State the three-part Miller test for obscenity.

Speech that (1) appeals to prurient interest, (2) depicts sexual conduct in a patently offensive way, and (3) lacks serious literary, artistic, political, or scientific value.

What two elements must incitement meet to lose protection?

Speech is directed to inciting imminent lawless action and is likely to produce such action.

In a traditional public forum, how are content-neutral time, place, and manner restrictions evaluated?

They must be narrowly tailored to serve a significant government interest and leave open ample alternative channels of communication.

What standard governs speech regulation in a non-public forum?

Regulation must be viewpoint-neutral and reasonably related to a legitimate government interest.

State the core rule of the Establishment Clause.

Government may not establish, endorse, or favor religion over non-religion.

Under the Free Exercise Clause, how are neutral, generally applicable laws affecting religion reviewed?

Under rational basis review—they are usually upheld.

When does a law targeting religious practice face strict scrutiny?

When it intentionally discriminates against religion or religious practices.

What is the "state action" requirement under the Equal Protection Clause?

Only governmental conduct, not purely private action, is subject to constitutional equal protection limits.

Why did the private nursing school in the practice question not violate equal protection?

Because, as a private entity without significant state action, its conduct was not attributable to the state.

Why did the public nursing school’s female-only policy fail under Equal Protection?

Gender discrimination by a state actor must meet intermediate scrutiny with an exceedingly persuasive justification, which was lacking.

What additional flaw existed in the Male Nursing Opportunity Program offered by the state?

Separate facilities were not substantially equivalent, violating equal protection even if separation had been justified.

Describe the purpose prong of the Lemon test (often used for Establishment Clause analysis).

The challenged action must have a secular legislative purpose.

What is the "right not to speak" and where does it come from?

A First Amendment protection allowing individuals to refuse compelled speech (e.g., not reciting the Pledge).

How does the Market Participant Exception interact with discrimination analysis?

A state may prefer local businesses when it acts as a buyer or seller in the market, avoiding Dormant Commerce Clause limits.

Give an example of a "traditional public forum."

Sidewalks, streets, and parks—areas historically open for public expression.

What scrutiny level applies to content-neutral regulation of speech in a designated public forum?

Time, place, and manner test: same as traditional public forums (significant interest/narrow tailoring/alternative channels).

Explain "undue burden" under Dormant Commerce Clause balancing.

A nondiscriminatory law is invalid if burdens on interstate commerce clearly outweigh the local benefits.

What does "fair notice" mean in vagueness doctrine?

Ordinary people must understand what behavior a law prohibits to avoid chilling speech.

Under procedural due process, who bears the burden of showing additional safeguards are valuable?

Generally, the person seeking additional process bears the burden under the Mathews factors.

What is an "instrumentality" of interstate commerce?

Means of carrying out commerce, such as airplanes, trucks, railroads, or the Internet backbone.

When may Congress condition highway funds on state action without commandeering?

When the condition relates to highway safety and is not coercively large (e.g., modest funding loss for noncompliance).

What is "expressive conduct" under the First Amendment?

Nonverbal actions intended to convey a message likely to be understood by observers, such as flag burning.

Which standard applies to age-based classifications under Equal Protection?

Rational basis review.

Name two examples of government action constituting a physical taking.

(1) Permanent occupation (installing cable boxes); (2) formal condemnation and transfer of title.

What does "least restrictive means" require under strict scrutiny?

Government must prove no less burdensome alternative would achieve the compelling interest.