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23 Cards in this Set
- Front
- Back
What are the recognized suspect classifcations?
What level of scrutiny used for laws that discriminate against suspect classes? |
1) Race
2) National origin 3) Sometimes alienage -Strict scrutiny (necessary to achieve compelling gov't purpose; gov't bears BOP) |
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What are the quasi-suspect classifications?
What level of scrutiny used for laws that discriminate against quasi-suspect classes? |
1) Gender
2) Legitimacy -Intermediate scrutiny (substantially related to an important gov't purpose; gov't bears BOP) |
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14th Amendment substantive due process v. equal protection. When does each apply?
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Due process: regulation affects everyone
Equal Protection: regulation affects certain people or class of people |
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If regulation affects everyone and there are no fundamental rights involved, which constitutional provision and what level of scrutiny?
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1) 14A Substantive Due Process
2) Rational basis (rationally related to a legit gov't purpose; challenger bears BOP) |
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If regulation affects everyone and there are fundamental rights involved, which constitutional provision and what level of scrutiny?
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1) Substantive due process
2) Strict scrutiny (nec to achieve compelling gov't purpose) |
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If regulation affects certain persons or class of people and there is a suspect classification, which constitutional provision and what level of scrutiny?
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1) 14A Equal Protection
2) Strict Scrutiny (necessary to achieve a compelling gov't purpose) |
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If regulation affects certain persons or class of people and there is a quasi-suspect classification, which constitutional provision and what level of scrutiny?
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-quasi-suspect class = gender & legitimacy
1) 14A Equal Protection 2) Intermediate Scrutiny (substantially related to an important government purpose) |
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If regulation affects certain persons or class of people and there is no suspect/quasi-suspect classification and no fundamental right, which constitutional provision and what level of scrutiny?
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1) 14A Equal Protection
2) Rational Basis (rationally related to a legitimate gov't interest; BOP on challenger) |
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State taxation of interstate commerce
Does the state tax affect an activity addressed by federal legislation? |
If yes, it's invalid if federal law preempts the entire field by regulating or state law conflicts with it.
State tax valid if federal gov't authorized state to do so. |
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State taxation of interstate commerce
Does the state tax discriminate against interstate commerce? |
If yes--invalid.
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State taxation of interstate commerce
Does state tax unduly burden interstate commerce? |
If yes--invalid.
If no--valid. |
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What protections does the 14th Amendment Privileges and Immunities Clause provide?
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VERY LIMITED. ONLY protects against STATE infringement of NATIONAL citizenship like voting in NATIONAL elections. Always look for another answer if you see this one.
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What does the Article IV Privileges and Immunities Clause protect against?
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Discrimination by a state against NONRESIDENTS when fundamental rights are invovled.
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If a state uses a durational residency requirement before dispensing benefits, what constitutional clause is invoked? What level of scrutiny?
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1) 14A Equal Protection
2) Strict scrutiny |
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What does the Due Process Clause of the 5th Amendment protect against?
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It acts like the 14A Equal Protection clause but against the federal government.
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If the federal government implements a policy that discriminates against someone based on gender, what must be shown to prevail? What constitutional provision relied upon?
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1) Challenger must show discriminatory effect + discriminatory intent
2) Intermediate scrutiny (Gov't must then show substantially related to important gov't interest) 3) 5th A Due Process (I think) |
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If a state law is facially neutral, what must be shown to trigger strict scrutiny?
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Discriminatory impact + discriminatory intent; if both are shown, it will trigger strict scrutiny under the 14A EP
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When is the doctrine that taxpayers do not have standing to sue invoked?
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When taxpayers try to challenge how the government is using their money.
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What is the Sup Ct's definition of obscene material?
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1) An AVERAGE PERSON
2) Applying contemporary COMMUNITY standards (can be statewide or more narrow) 3) Appeals to the prurient interest 4) Using a NATIONAL reasonable person standard to determine that it does not have artistic value |
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To regulate commercial speech about lawful activity that is not misleading/fraudulent, what must the gov't reg meet?
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1) Directly advances substantial gov't interest
2) Narrowly drawn to serve that interest |
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What is the Establishment Clause 3-part test?
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1) secular purpose
2) primary effect that neither advances nor inhibits religion 3) doesn't produce excessive governmental entanglement |
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What are some recognized rights of national citizenship and what protects them?
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-right to petition Congress for redress, right to vote for federal officers, right to INTERSTATE TRAVEL
-14th Amendment P&I |
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What are the two key questions to ask on the exam if state regulation affects the free flow of interstate commerce?
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1) does any federal legislation supercede or preempt the state legislation, OR
2) has Congress authorized the state legislation |