Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key

image

Play button

image

Play button

image

Progress

1/23

Click to flip

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)
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)
14th Amendment substantive due process v. equal protection. When does each apply?
Due process: regulation affects everyone
Equal Protection: regulation affects certain people or class of people
If regulation affects everyone and there are no fundamental rights involved, which constitutional provision and what level of scrutiny?
1) 14A Substantive Due Process
2) Rational basis (rationally related to a legit gov't purpose; challenger bears BOP)
If regulation affects everyone and there are fundamental rights involved, which constitutional provision and what level of scrutiny?
1) Substantive due process
2) Strict scrutiny (nec to achieve compelling gov't purpose)
If regulation affects certain persons or class of people and there is a suspect classification, which constitutional provision and what level of scrutiny?
1) 14A Equal Protection
2) Strict Scrutiny (necessary to achieve a compelling gov't purpose)
If regulation affects certain persons or class of people and there is a quasi-suspect classification, which constitutional provision and what level of scrutiny?
-quasi-suspect class = gender & legitimacy
1) 14A Equal Protection
2) Intermediate Scrutiny (substantially related to an important government purpose)
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?
1) 14A Equal Protection
2) Rational Basis (rationally related to a legitimate gov't interest; BOP on challenger)
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.
State taxation of interstate commerce

Does the state tax discriminate against interstate commerce?
If yes--invalid.
State taxation of interstate commerce

Does state tax unduly burden interstate commerce?
If yes--invalid.
If no--valid.
What protections does the 14th Amendment Privileges and Immunities Clause provide?
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.
What does the Article IV Privileges and Immunities Clause protect against?
Discrimination by a state against NONRESIDENTS when fundamental rights are invovled.
If a state uses a durational residency requirement before dispensing benefits, what constitutional clause is invoked? What level of scrutiny?
1) 14A Equal Protection
2) Strict scrutiny
What does the Due Process Clause of the 5th Amendment protect against?
It acts like the 14A Equal Protection clause but against the federal government.
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?
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)
If a state law is facially neutral, what must be shown to trigger strict scrutiny?
Discriminatory impact + discriminatory intent; if both are shown, it will trigger strict scrutiny under the 14A EP
When is the doctrine that taxpayers do not have standing to sue invoked?
When taxpayers try to challenge how the government is using their money.
What is the Sup Ct's definition of obscene material?
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
To regulate commercial speech about lawful activity that is not misleading/fraudulent, what must the gov't reg meet?
1) Directly advances substantial gov't interest
2) Narrowly drawn to serve that interest
What is the Establishment Clause 3-part test?
1) secular purpose
2) primary effect that neither advances nor inhibits religion
3) doesn't produce excessive governmental entanglement
What are some recognized rights of national citizenship and what protects them?
-right to petition Congress for redress, right to vote for federal officers, right to INTERSTATE TRAVEL
-14th Amendment P&I
What are the two key questions to ask on the exam if state regulation affects the free flow of interstate commerce?
1) does any federal legislation supercede or preempt the state legislation, OR
2) has Congress authorized the state legislation