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Con Law- Charts

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dadepiye's version from 2015-05-03 20:13

Rational Basis Test

Question Answer
Means (RBT)Rationally related
Ends (RBT)Legitimate conceivable purpose
Least Restrictive Analysis? (RBT)No
Burden of Proof (RBT)Challenger
Statement (RBT)Law must be rationally related to a legitimate government interest
Triggered by (RBT)(1) Alienage classifications related to self-govt. and the democratic process (2) Congressional regulation of aliens (3) Age (4) Disability (5) Wealth (1) All other classifications
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Intermediate Scrutiny

Question Answer
Means (IS)Substantially related
Ends (IS)Important actual purpose
Least Restrictive Analysis? (IS)No
Burden of Proof (IS)Government
Statement (IS)Law must be substantially related to an important government purpose.
Triggered by (IS)(1) Gender (2) Illegitimacy (3) Undocumented alien children
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Strict Scrutiny

Question Answer
Means (SS)Narrowly Tailored
Ends (SS)Compelling governmental interest
Least Restrictive Analysis? (SS)Yes
Burden of Proof (SS)Government
Statement (SS)Law must be narrowly tailored to achieve a compelling government interest.
Triggered by (SS)(1) Race (2) National Origin (3) Alienage (for states) (4) Travel (but not foreign travel) (5) Voting
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Known Tests

Question Answer
Right to marryStrict Scrutiny
Right to procreateStrict Scrutiny
Right to custody of childrenStrict Scrutiny
Right to keep family togetherStrict Scrutiny
Right to control raising of childrenStrict Scrutiny
Right to purchase and use contraceptivesStrict Scrutiny
Right to travel (equal protection)Strict Scrutiny
Right to vote (equal protection)Strict Scrutiny
Freedom of speech (1A)Strict Scrutiny
Freedom of association (1A)Strict Scrutiny
Free exercise of religion (if the law is not a neutral law of general applicability) (1A)Strict Scrutiny
AbortionUndue Burden
Right to practice a trade or professionNot a fundamental right--Rational Basis
Right to physician-assisted deathNot a fundamental right--Rational Basis
Right to educationNot a fundamental right--Rational Basis
Right to international travelNot a fundamental right--Rational Basis
Right to engage in private, adult, consensual homosexual activityLevel of scrutiny unknown
Right to refuse medical treatmentsLevel of scrutiny unknown
Right to possess firearmsStrict Scrutiny
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Commerce Clause

Question Answer
What does it do? (Commerce C.)(1) Congress can pass laws that regulate the channels of interstate commerce, (2) regulate the instrumentalities of interstate commerce and persons and things in interstate commerce, (3) regulate activities that have a substantial effect on interstate commerce.
If intrastate activity (Commerce C.)(1) Can regulate if economic or commercial activity & rational basis that Congress could conclude that the activity in the aggregate substantially affects interstate commerce (2) If it’s noncommercial/ noneconomic, cannot be regulated unless congress can factually show a substantial effect on interstate commerce.
Who must follow (Commerce C.)Congress
Who does it cover? Exceptions? (Commerce C.)Congress may prohibit private racial discrimination in activities that might have a substantial effect on interstate commerce.
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Privileges and immunities clause of 14th Amendment

Question Answer
What does it do? (Priv. 14th Am.)States may not deny their citizens the privileges or immunities of national citizenship (basically for interstate travel now)
Who must follow (Priv. 14th Am.)Applies to state/local govt.
Who does it cover? Exceptions? (Priv. 14th Am.)For a state’s citizens. Does not cover corporations
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Due Process of 5th &14th Amendment

Question Answer
What does it do? (5th/14th Am.Proc.)Fair process (notice & hearing) required for govt. to individually take a person’s life, liberty, or property. Only intentional (not negligent) deprivation of these rights violated the Due Process Clause.
What does it do? (5th/14th Am.Subst.)If limits liberty of all persons. If fundamental right, use strict scrutiny; in all other cases, use rational basis.
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Equal Protection of the 14th Amendment

Question Answer
What does it do? (Eq.P.14th)If a person or class of persons is treated differently from others, then: (1) If fundamental right or suspect classification: strict scrutiny. (2) If quasi-suspect class: intermediate scrutiny. (3) If anything else: rational basis. (4) For intermediate & strict, have to show discriminatory on face or discriminatory intent & impact.
Who must follow? (Eq.P.14th)Applies only to state/local govt. (for fed., use due process).
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14th Amendment

Question Answer
What does it do? (14th)Prevents states from depriving any person of life, liberty, or property without due process and equal protection of law
Who must follow? (14th)Applies to states
Who does it cover? Exceptions? (14th)Congress can adopt appropriate legislation under section 5 to remedy already recognized violations (need to point to a history/pattern of state violation & a congruent and proportional (narrowly tailored) legislation)
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15th Amendment

Question Answer
What does it do? (15th)Prevents both federal and state govts. from denying a citizen the right to vote on account of race or color
Who must follow? (15th)Applies to fed & states
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13th Amendment

Question Answer
What does it do? (13th)Prohibits slavery. Allows Congress to prohibit racially discriminatory action by anyone (govt. or private citizen)
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Contract Clause

Question Answer
What does it do? (Contact C.)Prohibits states from enacting any law that retroactively impairs contract rights
Who must follow? (Contact C.)Applies only to state/local govt.
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(for fed., use due process)
Question Answer
Who does it cover? Exceptions? (Contact C.)Private contracts get intermediate scrutiny (serves an important & legitimate public interest and is reasonably and narrowly tailored means of promoting that interest); public contracts get same test, but stricter scrutiny
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Bill of rights

Question Answer
Who must follow? (BoR)Applies to fed. govt.
Who does it cover? Exceptions? (BoR)Almost all of it’s incorporated through the 14th Amendment
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Taking Clause

Question Answer
What does it do? (Taking C.)5th A: private property may not be taken for public use without just compensation
Who must follow? (Taking C.)Fed. (& states through 14th)
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Dormant Commerce Clause :

Question Answer
What does it do? (DCC)States are allowed to regulate local aspects of interstate commerce, but not if it discriminates against or unduly burdens (balancing test, ct. will consider less restrictive alternatives) interstate commerce.
Discriminatory regs (DCC)Almost always invalid. Exceptions: Important state interest (noneconomic, necessary), state as market participant, traditional govt. function)
Who must follow (DCC)State/local govt.
Who does it cover? Exceptions?(1) Congress may permit state regulations that would otherwise violate commerce clause/prohibit regulations that would otherwise be okay (2) Aliens and corporations can be Ps (3) does not require discrimination against out-of-staters in order to apply (4)requires a burden on interstate commerce (5) exceptions: Congressional approval and the market participant exception
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Privileges or Immunities Clause of Article IV

Question Answer
What does it do? (Priv.Art.IV)(1) Prohibits discrimination by a state against nonresidents. (2) Protects fundamental rights (commercial activities & fundamental liberties)
Who must follow (Priv.Art.IV)Applies to state/local govt.
Who does it cover? Exceptions? (Priv.Art.IV)(1) For nonresidents of the state. (2) Does not cover aliens or corporations. (3) The law may be valid if substantial justification & necessary (no less restrictive means). (4) No exceptions.
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