Con Law

Front 1

Dormant Commerce Clause (negative implications of commerce clause)

Back 1

State & local laws are unconst. if they place an undue burden on interstate commerce. Serves as a limit on what states can do.

If law does NOT discriminate: Violates the DCC if the burdens exceed the benefits of the law.

If law DOES discriminate: violates DCC unless necessary to achieve an important gov. purprose.
Exceptions:
1) Congressional approval
2) Market participant exception

Front 2

P & I Clause of Article IV

Back 2

No state may deprive citizens of other states the P&I it affords its own citizens.

Anti-discrimination clause against out of staters w/regard to ability to earn their livelihood (economic activities or civil liberties), it violates unless necessary to achieve an important gov. purpose.

Corps can't use

Front 3

P&I clause of 14th Amend.

Back 3

Always a wrong answer unless question involves right to travel

Front 4

Rational basis test

Back 4

Upheld if rationally related to a legitimate government purpose. Challenger has burden of proof.

Front 5

Intermediate Scrutiny

Back 5

Upheld if substantially related to an important government purpose. Gov. has burden of proof

Front 6

Strict Scrutiny

Back 6

Upheld if necessary to achieve a compelling gov. purpose. Gov. has burden of proof.

Front 7

Procedural Due Process

Back 7

Procedures gov must follow when it takes away life, liberty, or property.

Front 8

Substantive Due Process

Back 8

Asks whether gov has an adequate reason for taking away someones life, liberty, property. Used to protect economic liberties & privacy. If person's rights were violated.

If affects fundamental right, DP requires the rule to be necessary to promote a compelling interest. Rules affecting other interests are valid under SDP as long as rationally related to legit gov interest.

Right to marry, procreate, custody, keep family together, control upbringing of kids, contraceptives, abortion, homo activity, refuse med tx,

Front 9

Equal Protection

Back 9

asks whether gov's differences in the treatment of people are adequately justified. Person treated differently from others similarly situted.

1) What is the classification?
-is on face of law or
-if law facially neutral, both a discriminatory impact and intent
2) what level of scrutiny should be applied?
3) Does this law meet the level of scrutiny?

Front 10

Obscenity test

Back 10

1. Material must appeal to the prurient interest (refers to a shameful or morbid interest in sex)
2. Material must be patently offensive under the law prohibiting obscenity
3. Taken as a whole, the material must lack serious redeeming artistic, literary, political or scientific value

Front 11

Commerce Clause

Back 11

1. Congress may regulate channels of interstate commerce
2. May regulate instrumentalities of interstate commerce and persons or things in interstate commerce
3. may regulate economic activities that have a substantial effect on interstate commerce

Front 12

Free Exercise Clause

Back 12

Cannot be used to challenge a neutral law of general applicability ex: indian peyote case

Front 13

Establishment Clause

Back 13

Lemon Test SEX
1. must be SECULAR purpose
2. EFFECT must be neither to advance nor inhibit religion
3. no EXCESSIVE entanglement w/religion