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15 Cards in this Set

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  • Back
What is the test for a nonjusticiable political question?
1. textually demonstrable commitment to coordinate political brach of government
2. lack of judicially manageable standards to resolve the issue
3. where judicial resolution would create the potential for embarrassment from multifarious pronouncements
When a state regulation affects interstate commerce, what must be found in order for it to pass judicial scrutiny?
1. The Statute must be found reasonable and non-discriminatory upon balancing the benefit to the state against the burdenimposed oninterstate commerce such that no less restrictive alternative means of regulation is available
IF you see a federal regulatory program, why be wary?
Based on the principles of state sovereignty under the 10th amendment, Congress may not simply commandeer the legislative processes of the states by directly compelling them to enact and enforce a federal regulatory program
What are the three grounds for a licensing statute to be unconstitutional on its face?
1. vagueness
2. overbreadth
3. unfettered discretion
Can govt money be used to pay salary supplements of parochial school teachers, even if they just teach secular subjects?
No. the degree of government surveillance necessary to insure that the supplements would be restricted to teachers of secular subjects would entangle the governments excessively
What does proceduarl due process guarantee?
A fair decision making process
When is the rational basis test used and who has the burden of showing that the challenged measure is not rationally related to a legitimate state interest?
Its used for classifications relating to non-suspect classes or non-fundamental rights, including classifications based on poverty, weatlh, age, public housing, and welfare benefits.

plaintiff has the burden and its very difficult for him to prevail
As a general rule,
the supreme court upon reviewing a decision of a state court, only reviews the federal questions and not the state law questions.
What is the 15th amendment?
limitation prohibiting the states and the federal government from denying any citizen the right to vote on account of race or color
What are illegal alien children entitled to?
A free public education.

Illegal aliens are not a "suspect class" however, They will get "intermediate level" scrutiny
What is the test for abortions?
"undue burden"
For a privileges and immunities question, look at what?
Some one being discriminated against just because he happens to be from another state.
For the most part, restrictions on the right to be a candidate will be looked at with...
Strict scrutiny which means the enacting state must show that it furthers a compellign state interest.
Explain the negative implications of the commerce clause test
Commerce clause is so powerful, it can make it so states CANT do stuff, even though Congress isn't doing anything itself.

States can regulate interstate commerce but cannot
cannot deal with things that require national regulation
lose on a balance of interests test

If its going to be upheld as constitutonal, it will be because its about
1. police power
2. little burden
3. pulbic health measure.
What's the deal with zoning laws that forbid certain people from living together?
1. If its about a number of unrelated people living together, its cool because zoning is a police power reserved to the state.

2. if its about related people living together, you are fucking with the due process clause of life liberty and property