MBE Con Law #3

15th Amendment Restrictions on State Power Over Individuals

limits state and federal governments from denying a citizen the right to vote based on race or color. Has enabling clause giving Congress right to adopt legislation protecting right to vote

Zoning Ordinance Takings

generally not a taking unless: (1) amount to a physical appropriation of property (2) deny owner all economic use OR (3) unreasonably interfere with investment-backed expectations

Development Permit Takings

if conditioned on landowner conveying title of part of land to government or granting public access it is uncompensated taking. UNLESS, the condition relates to a legit gov't interest and adverse impact of development on area is proportional loss conferred on owner.

Sources of Constitutional Restrictions on State Power Over Individuals

(1) Bill of Rights (2) 13th Amendment - slavery (3) 14th Amendment - due process (4) 15th Amendment - voting rights (5) Commerce Clause

Retroactive Legislation Issues

(1) Contract Clause of Constitution (2) Ex Post Facto Laws (3) Bills of Attainder (4) Due Process

Significant State Involvement Violating the Constitution

--Significant State Involvement: (1) Judicial Approval: sanctions discriminatory activity; (2) Discriminatory Law Enforcement: based on discriminatory reasons; (3) Apparent Legal Authority: even where state forbids action, the action may still be state action if it puts actor in position to commit the unconstitutional act; (4) Public Defenders: DO NOT act for state when representing indigent clients --Insignificant State Involvement: (1) Electric company who has state granted monopoly; (2) Nursing Home: even though extensively regulated by the government; (3) School: operated by a private corporation even where it had contracts with state to educate some of its students; (4) Licensing: granting license to business not enough to be state action; (5) No government duty to protect individuals from harm by private persons.

Equal Protection Intent to Discriminate

-Fact that action has discriminatory effect is not enough, there must be discriminatory intent to trigger intermediate or strict scrutiny -Intent can be show in 3 ways: (1) facial discrimination (2) discriminatory application (3) discriminatory motive

Other Classifications

-If government has no interest in denying a benefit or imposing a burden on a group of persons other than societal fear or dislike classification will not meet rational basis standard -Wealth: not a suspect classification -Education is not a fundamental right and is therefore disparity in educational opportunities is valid. Occurs because schools funded by property taxes and high income = more money for schools.

What is Considered "State Action" Violating the Constitution?

-Must attribute action to the state to show violation of Constitutional rights -State action can be founded in actions of private individuals who: (1) Perform Exclusive Public Functions: activities so traditionally and exclusively state prerogative they are state action (running town and running election) (2) Have Significant State Involvement in Activities: where a state affirmatively facilitates, encourages, or authorizes acts of discrimination by its citizens

Equal Protection Discriminatory Application

-Persons challenging must show that officials applying law had discriminatory purpose based on traits the law will be invalidated -peremptory striking of jurors - because trial so governmental, even private parties' attorneys are prohibited from discriminatory strikes

Commerce Clause and State Power Over Individuals

-S.Ct. has allowed Congress to limit power of individuals by barring racial discrimination in activities connected with interstate commerce -Civil Rights Act: bars discrimination in places of public accommodation - valid under Commerce Clause

Takings Clause

-The power to take must arise out of another power -The 5th amendment limits the power to take by requiring just compensation + Public Use Limitation: use will be held public as long as it is rationally related to a public purpose even if it is a private enterprise +Just Compensation: reasonable value at time of taking. Test is loss to owner, not gain to taker

Equal Protection Intermediate Scrutiny

-Used when classification based on gender or legitimacy is involved. -Upheld if it is substantially related to an important government purpose -Burden of proof appears to be on gov't

Irrebutable Presumptions

-equal protection question because government is presuming something about someone (also kind of a due process issue) -unconstitutional if it deals with fundamental rights. Otherwise it may be allowed

Remedies for Past Discrimination

-government has compelling interest in remedying past discrimination and may find that agency that has engaged in discrimination must use race-conscious remedy such as promoting minorities. -No compelling interest in remedying general effects of societal discrimination, so giving preference generally must show past discrimination. -Diversity itself is not a sufficiently compelling interest: although universities may claim interest in having diverse student body and the court will defer to university's good faith judgment. Race can only be a plus to an applicant not the determining factor in order to be narrowly tailored Affirmative Action: subject to strict scrutiny

Equal Protection Facial Discrimination

-law includes suspect classification on its face. Courts merely apply standard of review for that classification. -If law cannot be explained without using racial terms it is facial discrimination, even if no racial language on face.

Ex Post Facto Laws

-legislation that retroactively alters the criminal law in a substantially prejudicial manner so as to deprive someone of a right previously enjoyed for purpose of punishing person for past activity. *Substantially Prejudicial - (1) makes criminal an act that was innocent when done (2) prescribes greater punishment for act than when act was committed (3) reduces evidence required to convict *S.Ct. has held that same principle applies to prohibit courts form retroactively interpreting criminal laws in unexpected and indefensible ways.

Procedural Due Process & Property

-more than real and personal property, money. Includes legitimate claims or entitlement to benefits under federal law. -Property interests exist in (1) Public Education - significant suspensions (10 days) require due process (2) Welfare Benefits - property interest exists if previously determined to meet statutory criteria (3) Continued Public Employment - if there is public employment contract or a clear understanding that employment can only be terminated for cause then there is a property interest.

14th Amendment Restrictions on State Power Over Individuals

-prohibits states (not feds or private persons) from depriving persons of life, liberty, or property without due process and equal protection of the law. Applies most of bill of rights to states. --Only applies where there is action by state or local government --Section 5 gives Congress power to adopt appropriate legislation to enforce rights & guarantees under 14th Amendment. Congress may not expand existing constitutional rights or create new ones. --Congress must point to history or pattern of state violation of such rights and adopt legislation that is congruent and proportional to solving the identified violation.

13th Amendment Restrictions on State Power Over Individuals

-provides that slavery shall not exist in the US. Applies even to private action -gives Congress power to adopt legislation and S. Ct. will uphold statutes proscribing almost any racially discriminatory act that can be characterized as a "badge or incident of slavery" (nondiscrimination laws)

Equal Protection Strict Scrutiny

-when suspect classification or fundamental right is involved -Upheld only if necessary to achieve a compelling or overriding gov't purpose -Court will consider less burdensome means -burden of proof is on government. law must not be over or underinclusive

Equal Protetion Rational Basis (Minimal Scrutiny)

-whenever other 2 standards are not applicable. -Upheld if rationally related to a legitimate interest -All government conduct upheld under this standard unless irrational or arbitrary -Challenger has burden of proof

Procedural Due Process

5th Amendment and 14th Amendment clauses provide that gov't shall not take a person's (individual) life, liberty, or property without due process of law --Contemplates fair process/procedure, which requires opportunity to present objections to proposed action to fair, neutral decision maker. --Violations must be an intentional act, not a negligent act of a government employee

Takings and Regulatory Takings

Actual Appropriation or Physical Invasion: taking will almost always be found. The one exception is emergencies where there is destruction or actual invasion Use Restrictions: Must show denial of all economic value of land to establish a taking. Temporary denial is not a per se taking. Court will look to circumstances --If restrictions decrease economic value they do not result in taking if there is another economically viable use for the property

Substantive Due Process Mere Rationality

Applies in all cases that are not strict scrutiny. Standard: Rationally related to any conceivable legitimate end of government.

Substantive Due Process Strict scrutiny

Applies to fundamental rights: (1) travel (2) privacy (3) voting (4) all 1st Amendment Rights Standard: necessary to promote a compelling or overriding government interest Court will consider less burdensome means; burden of proof on government

Bill of Rights Restrictions on State Power Over Individuals

It is all applicable to states except 3rd: prohibition against quartering troops 5th: right to grand jury indictment in criminal cases 7th: right to jury trial in civil cases 8th: right against excessive fines

Quasi-Suspect Classifications

Gender: government bears burden of proof and an extremely persuasive justification is required. -Discrimination against men: upheld for statutory rape (interest in preventing pregnancy in minors) -Legitimacy: (children) State statute cannot absolutely exclude illegitimate children form inheriting from intestate fathers.

Substantive Due Process

Guarantees laws will be reasonable and not arbitrary --where law limits liberty of all persons to engage in an activity it is due process issue --Source: 5th (feds) and 14th (states and local gov't) Amendments. Same tests apply for both

Equal Protection

Guarantees that similarly situated persons will be treated alike Source: 14th Amendment (states and local), but no federal counterpart

Procedural Due Process & Liberty

Liberty: includes right to contact and engage in gainful employment --Deprivation- loss of significant freedom of action OR denial of freedom provided by Constitution or a statute --Reputational Injury - alone is not deprivation, but when combined with lose significant employment or associational opportunities it is. --Exercise of Fundamental Constitutional Rights - protected by due process

What Type of Procedural Due Process Is Required?

Process is dependent on circumstances. Court will weigh... (1) importance of individual interest (2) value of procedural safeguards to that interest (3) governmental interest in fiscal and administrative efficiency *Minimum: fair procedures and unbiased decisionmaker. Probably notice and opportunity to respond before termination of interest

Suspect Classifications

Strict Scrutiny (1) Race & National Origin: never been upheld except Japanese internment during WWII --Remedies: Court may order taking of all appropriate steps to end discrimination (2) Alienage Classifications (between states/localities): If a law discriminates against alien participation in the functioning of the state government - rational basis

Equal Protection Discriminatory Motive

Subject to scrutiny only if court finds that law-making body enacted or maintained the law for discriminatory purposes. Statistical evidence is allowed, but is not enough

Contract Clause

prohibits states from enacting any law that retroactively impairs contract rights. Only applies to state actions, not to federal government (would probably violate due process) --3 part test: (1) Does legislation substantially impair party's rights under an existing contract? If no - valid. If yes - only valid if it...(2) serves an important and legitimate public interest; and (3) is a reasonable and narrowly tailored means of promoting that interest --Public Contracts: same test, but strict scrutiny, especially if state's contractual burdens lessened

Inverse Condemnation

where government does not bring condemnation proceedings, the landowner can bring action. Potential remedies are: (1) pay compensation for taking (2) terminate regulation and pay damages --Person who purchases property already subject to regulation may also bring suit