Constitutional Law

Strict scrutiny applies to cases involving...

...a suspect class, a hampered fundamental right, intentional racial discrimination (Brown; Loving), undue burdens on fundamental rights (Roe; Griswold, and state discrimination against interstate commerce.

Some non-suspect classes are...

...age, income/wealth, drug users, disability, sexual orientation, and illegal aliens. People with disabilities, illegal aliens, and sexual orientation are subjected to a "rational basis +" standard of review.

To survive intermediate scrutiny review, a law must be...

...an important government objective with means that are substantially related to the ends.

The Equal Protection Clause is intended to protect...

...classes of people against discrimination.

Strict scrutiny requires a law have a...

...compelling objective and the means that are necessary to achieve the ends.

Some non-fundamental liberty interests are...

...education and right to die. These cases get rational basis review.

In intermediate scrutiny, an important government objective is...

...halfway between a legitimate and compelling interest. We must use a balancing test.

A Substantive Due Process claim asserts that a law is invalid because the government...

...lacks sufficient reason or justification to warrant inferring with liberty or property.

Cases that have rational basis plus standard of review are cases involving...

...mental illness (Cleburne), regulation of noncommercial activity without a substantial relation to interstate commerce (U.S. v. Morrison).

In strict scrutiny, the method chosen by the government must be...

...narrowly tailored.

The means in strict scrutiny must be...

...necessary and narrowly tailed.

Rational relation in the rational basis test...

...only needs to be minimal and a law is given a presumed effectiveness.

The burden of proof for the rational basis is on the...

...plaintiffs.

If a law is nondiscriminatory and imposes no burdens on interstate commerce, the law is reviewed under...

...rational basis.

Rational basis is...

...the basic standard of review for the courts giving deference to the government.

A state is a market participant when...

...the government owns a business or provides benefits to a commercial actor through government programs.

A Procedural Due Process claim asserts...

...the manner employed in enforcing or applying a law is unfair.

Most economic and social are reviewed under...

...the rational basis test.

Fundamental liberty interests are...

...the right to privacy/autonomy (Griswold), right to marry (Loving), right to family integrity/autonomy (Moore; Troxel; Michael H), right to intimate association and the right to travel (Edwards v. California). All fundamental liberty interest are reviewed with strict scrutiny.

State taxation on interstate commerce is burdensome when...

...the taxing scheme unfairly burdens interstate commerce even if it doesn't discriminate on its face. A tax may also be too burdensome if there is a less burdensome means.

State taxation on interstate commerce is discriminatory when...

...the the taxing is done in a way that unjustifiably benefits local commerce at the expense of out-of-state commerce.

Legitimate government objectives are...

...very broad and include any type of health, safety or general welfare goal.

Rational basis must have...

...a legitimate government object that is rationally related to the the government's ends.

What are the three parts of the Dormant Commerce Clause test?

(1) The regulation must pursue a legitimate state end; (2) the regulation must be rationally related to the legitimate state end; and (3) the regulatory burden imposed by the state on interstate commerce must be outweighed by the state's interest in enforcing its regulation (are there less restrictive means?).

To have valid standing, a lawsuit must show three things:

-Injury in fact -Causal connection -"Redressability"

What are the enumerated powers of the legislative branch?

-Necessary and Proper -Commerce Power -Power to Tax and Spend -Power to Declare War, Raise and Support Army/Navy, Spend for the Common Defense -Foreign Affairs: Ratify Treaties, Regulate Foreign Commerce, Regulation Immigration

What are the executive powers?

-The power to lead Armed Forces as Commander in Chief -Pardon Power -Foreign affairs -Treaties (with advice and consent from the Senate) -Executive Agreements (with advice and consent from the Senate)

Intermediate scrutiny is applied to...

..."quasi-suspect" classes, state laws that impose nondiscriminatory substantial burdens on interstate commerce, intentional gender discrimination, intentional discrimination against aliens, intentional discrimination against illegitimate children.

Rehnquist's commerce test from U.S. v. Lopez allows Congress to control...

...(1) channels of interstate commerce; (2) instrumentalities of interstate commerce and person/things in interstate commerce; (3) articles moving in interstate commerce; and (4) activities that have a "substantial effect" on interstate commerce (heightened scrutiny or substantial effects).

The rational basis plus standard requires...

...a challenged law furthers a legitimate government objective, based on real evidence and the means are effective.

What is the significance of Romer v. Evans (1996)?

A Colorado law is struck down because it violated the Equal Protection Clause against homosexuals. The class is not suspect, but the law is struck down creating a higher standard of review than rational basis used in the case.

What is the significance of Richmond v. Croson (1989)?

A law may be discriminatory if it intends to fix past discriminations. When there is not evidence of past discrimination, then the law is subject to strict scrutiny and struck down.

What is the significance of Lawrence v. Texas (2003)?

Anti-homosexuality laws are decriminalized. The right to privacy is reaffirmed. A person may define their own relationships and have their own private sexual decisions under the right to privacy and autonomy.

What is the significance of Hamer v. Dagenhart ("The Child Labor Case") (1918)?

BAD LAW. OVERTURNED IN 1942. The court struck down a constitutional measure because of the motive behind the law. Congress attempted to regulate interstate commerce for the purpose of seeking to standardize labor relations. Child labor is a purely local issue and should be regulated by the states.

What is the significance of NLRB v. Jones & Laughlin Steel Corp. (1935)?

BAD LAW. The government must show a substantial relation to interstate commerce for regulation. There is no longer a distinction between commerce and mining, manufacturing, and production.

What is the significance of Wickard v. Filburn (1942)?

BAD LAW. This case modifies the substantial relations test in NLRB v. Jones & Laughlin. Congress may regulate internal transactions as long as it has a "rational basis" that have transactions have a "close" and "substantial" relationship on interstate commerce.

What is the significance of Ex Parte Milligan (1866)?

Congress may authorize the executive branch to suspend a writ or habeas corpus when public safety requires it. Citizens cannot be tried in military courts when civilian courts are operating.

What is the significance of Gibbons v. Ogden (1824)?

Congress may regulate commerce if there are interstate effects, even if commerce occurs within one state. When interstate commerce has a substantial economic effect on interest commerce, Congress may regulate the activity (dormant commerce clause).

What liberty did the Lochner Era seek to protect and what cases ended the Lochner Era?

During the Lochner Era, the court tried to protect the liberty to contract. The Lochner Era ended with Nebbia v. New York and West Coast Hotel v. Parrish. Upholding the laws set the scene for modern deference to the legislature.

What is the significance of San Antonio Ind. Sch. v. Dominguez (1973)?

Education is not a fundamental right. Rational basis test is dominant for most forms of social, economic and welfare programs.

What is the significance of U.S. v. Nixon (1974)?

Executive privilege exists in the presidency, but it is not unlimited. There is a balancing test between what the judiciary needs (the evidence in the criminal trial) and what the executive needs (privacy).

What is the significance of Craig v. Boren (1976)?

Gender-based classifications are subjected to intermediate scrutiny. The classifications must be substantially related to the achievement of an important government purpose.

What is the significance of McDonald v. City of Chicago (2010)?

Gun possession and gun ownership is a fundamental right (self-defense). Court decided NOT to resurrect privileges and immunities clause.

What is the significance of Gonzalez v. Raich (2005)?

In this case having to do with weed, the ideals of Wickard are affirmed. There is an effect on interstate commerce when home growers of weed do so and affect the market.

What is the significance of McCulloch v. Maryland (1819)?

McCulloch establishes that Congress has the power to carry out any means it deems necessary to carry out its enumerated power. Federal laws are supreme to state laws.

___________ describes a lawsuit that is stale.

Mootness; If there is no contested question essential for the disposition of the controversy or there is not potential remedy, a case is moot.

Section 5 of the 14th Amendment says:

No state can deprive any person of life, liberty, or property without due process of laws or equal protection of the laws.

What is the significance of U.S. v. Lopez (1995)?

Rehnquist established a new test for determining whether Congress has the power to regulate under the commerce clause. Congress may regulate: (1) the use of channels for interstate commerce (highways, internet, railways, etc.); (2) instrumentalities for interstate commerce and persons/things in interstate commerce; and (3) intrastate activities having substantial relations to interstate commerce.

______________ describes a lawsuit that is premature.

Ripeness; Issues must be fully developed, clearly defined and not merely speculative.

What is the significance of Obergefell v. Hodges (2015)?

Same-sex marriage is protected under the right to marriage. Marriage is protected and a strong tradition upholding marriage as a fundamental right exists.

What is the significance of Somerset v. Seward (1772)?

Slavery has no precedent in the positive law of England, so the court should use common law as justification. This was in England, so who even cares?

What is the significance of City of Philadelphia v. New Jersey (1978)?

States cannot burden interstate commerce by discriminating against other states. The test used is strict scrutiny. If Congress has not acted to regulate an area of interstate commerce, states can regulate that area. However, the state cannot burden interstate commerce.

What is the significance of the Slaughterhouse cases (1872)?

These cases gave the very narrow interpretation of the Civil War Amendments. They stripped the Privileges and Immunities Clause. The duty to protect citizens from adverse action by the states government is transferred to the federal government.

What is the significance of U.S. v. Cruikshank (1876)?

The Bill of Rights only apply to the federal government, not the states. The Bill of Rights does not apply to private actors or to state governments. Eventually the Court will recognize that through the Fourteenth Amendment, the Bill of Rights also applies to the state governments.

What is the significance of Morrison v. Olson (1988)?

The Constitution dives the federal officers into "principal" and "inferior" officers.

In constitutional law, what principles do we gain from the Declaration of Independence?

The Declaration gives principles the country was founded on such as: "All men are created equal" "All men have unalienable rights including life, liberty and the pursuit of happiness." Government derives from the consent of the government.

Explain state inaction

The Due Process Clause and Equal Protection Clause do not confer a positive duty to act. They do not impose liability on a state or state agency to protect anyone against private actors unless the government has a special relationship to those actors, such as custody.

What does the Necessary and Proper Clause do?

The Necessary and Proper Clause gives Congress the power to enact all laws it deems necessary and proper for executing its powers.

What is the significance of Bradwell v. Illinois (1873)?

The Privileges and Immunities Clause was gutted by the Slaughterhouse cases, and the ruling was affirmed here. A career is not a privilege or immunity that is protected under the Fourteenth Amendment.

Who has the burden of proof in case with strict scrutiny as the standard of the review?

The State

What is the significance of Lochner v. New York (1905)?

The beginning of the Lochner Era meant that the freedom of contract would reign supreme and almost all legislation limiting business was struck down.

What is the significance of Marbury v. Madison (1803)?

The court has the power of judicial review. The duty of the judicial branch is to say what the law is. The court decides what happens when laws conflict with one another.

What is the significance of Nixon v. U.S. (1993)?

The court is oftentimes faced with non-justiciable questions. The court will refuse to decide on a case if the political process should decide the case instead of the court. If the judicial duty isn't to decide the case, the court punts.

What is the significance of Shelby County v. Holder (2013)?

The court reasoned that the coverage formula violates the constitutional principles of "equal sovereignty of the states" and federalism because its disparate treatment of the states is based on "40 year old facts having no logical relationship to the present day."

What is the significance of "The Obamacare Case" (2012)?

The court used careful scrutiny to determine if Congress had power under the Commerce Clause. The individual mandate was struck down because Congress may not regulate inactivity. The mandate is like a tax. States cannot be compelled to follow programs and must have a fair choice.

What is the significance of West Coast Hotel v. Parrish (1937)?

This case ended the Lochner Era by striking down a law that regulated business. Before this case most law regulating businesses were struck down because of the freedom of contract. Lochnerizing is bad because it favors business over individual rights.

Why was the Civil Rights Act of 1964 upheld?

The law was enacted under the commerce power, not the 14th Amendment. Congress had a rational basis for finding that racial discrimination in public places affected commerce.

What is the significance of Carter v. Carter Coal Co. (1936)?

The law was unconstitutional because it was an extension of the commerce power before commerce even occurred. Just because something will become commerce does not give Congress the ability to regulate it before it actually is sold.

What is the significance of Railway Express Agency v. New York (1949)?

The legislature has the deference to decide the reasoning for creating their law. The intent behind this law to improve the flow of traffic, which the law was a piece of the ends, but would not entirely fix the problem. Under rational basis review, a law can be loose-fitting.

What is the significance of Plessy v. Ferguson (1896)?

This case gave rise to the "separate but equal doctrine" that set the stage for the Jim Crow Era and the the Civil Rights Era.

What is the significance of Brown v. Board (1954)?

This case reverses the "separate but equal doctrine" but also does not sit on good constitutional grounds.

What is the significance of City of Cleburne v. Cleburne Living Center (1985)?

The mentally disabled are not a suspect class and the case was subjected to rational basis review (at least they said). The law was struck down under rational basis, but really the test was more like rational basis with bite.

What is the significance of "The Steel Seizure Case" (1952)?

The president cannot engage in lawmaking activity without an express authorization form Congress or the text of the Constitution.

What is the purpose of the Commerce Clause?

The purpose of the Commerce Clause is to prevent individual states from erecting barriers to interstate and foreign trade.

What is the significance of Griswold v. Connecticut (1965)?

The right of privacy becomes a fundamental right and is subject to strict scrutiny review. The right of privacy is implied in the Bill of Rights.

What is the significance of Loving v. Virginia (1966)?

The right to marry became a fundamental protected right because race was the only factor in determining whether someone broke the law or not. The right to marry uses strict scrutiny as a standard of review.

What is the significance of Harper v. Board of Elections (1966)?

The right to vote is a fundamental vote. Strict scrutiny is applied to cases involving the right to vote.

What is the significance of Planned Parenthood v. Casey (1992)?

The ruling in Roe is affirmed in Casey, but the trimester framework is struck down. Abortion cases are now given a different test. The right to privacy and an abortion is still protected, but a law is subjected to an undue burden test.

What is the significance of Nevada Dept. of H.R. v. Hibbs (2003)?

This case set down the congruence and proportionality requirement for laws enacted under Section 5 of the Fourteenth Amendment. The congruent and proportionality test asks whether the means adopted to prevent or remedy an injury are congruent and proportional to the injury itself.

What is the significance of Printz v. U.S. (1997)?

This is the commandeering case. Because of our system of federalism, the federal government may not compel the state to enact or administer a federal regulatory program.

What is the significance of Katzenbach v. Morgan (1966)?

This is the leading example of judicial activism. Congress has the broad power to enforce the Equal Protection Clause and may enact legislation that is congruent with protecting Equal Protection guarantees.

What is the significance of the Dred Scott case (1857) (other than being the worst decision ever)?

This ruling was an L for originalist points of view. The court relied on precedent and the ideas of the framers for the why another race was inferior. The judiciaries view was not to judge the wisdom of policy, but to interpret the Constitution.

What is the significance of Washington v. Glucksberg (1997)?

Two-step analysis for determining whether a fundamental right exists under Due Process Clause: (1) whether the right is objectively, deeply rooted in US history and tradition and implicit in the concept of ordered liberty such that neither liberty nor justice would exist if the right is sacrificed and (2) whether a careful description exists of the fundamental liberty interest. The right to die is not a fundamental right.

What is the significance of U.S. v. Virginia (1996)?

VMI attempted to justify its gender discrimination policies and couldn't. Rhetorical, emotional, and traditional reasoning are not enough to survive the weight of intermediate scrutiny.

What is the significance of Bush v. Gore (2000)?

Was this decisions naked partisan? This decision was likely the result of the partisan justices. A manual recount of the votes would be unconstitutional under the Equal Protection Clause of the Fourteenth Amendment because it could not finish before the deadline.

What is the significance of Korematsu v. U.S. (1944)?

When a group is singled out, the law becomes suspect but not automatically unconstitutional. The Court said they applied strict scrutiny, but really didn't. The Court claimed that there was a "pressing public necessity" but really the executive action was based on stereotypes.

What is the significance of Grutter v. Bollinger (2003)?

When it comes to affirmative action, quota systems are banned, but a school may consider race in it admissions methods until past discriminations are remedied. The law school admissions survived strict scrutiny in this case.

What is the significance of Roe v. Wade (1973)?

Women have an interest in her right of privacy to terminate a pregnancy, but it is not absolute. The Court created a trimester system that would later be thrown out by Casey. It is not an unlimited right, but the state has an interest in protecting the fetus after it becomes viable.

The principle of the dormant commerce clause is that...

a state or local law is unconstitutional if they place an undue burden on interstate commerce.

The constitutionality of a action can only be challenged if it is _____________ to the government.

fairly attributable

The Second Amendment protects an _____________ to keep and bear arms.

individual right

If a law is not discriminatory but has burdensome effects on interstate commerce, then court applies ___________ standard of review.

intermediate scrutiny

The right to due process is triggered if an interest in ______________________ is threatened by the government.

life, liberty or property

If a law is discriminatory (protectionist), the state must justify the law using _________ standard of review.

strict scrutiny