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23 Cards in this Set
- Front
- Back
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Where is the conflict between the Federal and State involvement in commerce?
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Constitution gives Congress authority to regulate interstate commerce but says nothing about the States
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An area where Congress has not spoken but has the power to regulate. Define this
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Dormant commerce clause
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Elements of the Pike Church test are
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1. Even handed regulation w/only incidental affect on IC
{one state regulates prices paid in another) 2) Legit local purpose (poice power and public welfare) 3) Alternative means |
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Lemon test is
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1. primary EFFECT
2. secular PURPOSE 3. eNtanglement or statute/action violates Establishment clause |
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Widmar v. Vincent stands for the proposition that
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If aid to religion is only incidental then EFFECT does not advance religion and it does not offend estab clause
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Indirect services to religious organizations by cities, school districts ok if
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religious neutrality maintained (muni services) (textbooks) contrast state sales tax exemption for religious organizations
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Right to vote and to have adequate representation is
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Fundemental interest that is closely scrutinized under 14th Amendment Equal Protection clause
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A compelling state interest for a 51 day residency requirement
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Too long, does not represent compelling state interest and impinge on right to travel
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What is the difference between a limititation of the right to vote in school & water district elections?
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Water district ok because landowners concerned there, while school district issues affect larger class
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Race cannot be used to
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Create congressional districts
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Equal protection clause of the 14th amendment applies to what kind of Govt
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State
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Due Process Clause of the 5th Amendment applies EP to what part of Govt
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Federal
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Fundemental Right
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Travel, Family and Privacy interests and Right to Fair Criminal Process
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Rational basis test
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1. Can be over or underinclusive
2. Place BOP on challenger |
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Economic regulation by the state must satisfy what test?
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Rational basis
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Favoring minority owned businesses must pass what test?
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Strict, Pena
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State laws on aliens concerning benefits or economic opportunity are
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Strict scrutiny matters
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Federal alienage classifications are
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Rational basis tests
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What triggers intermediate scrutiny?
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Gender and legitimacy classifications
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Who comes forward with justification for intermediate scrutiny?
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Government must offer this. (burden shifts)
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Injury by the action complained about
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gives standing
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Can a plaintiff who alleges harm to the public in general get standing from that status?
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No. Plaintiff must suffer specifically.
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Burdening interstate commerce can happen if
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1. statute regulates evenhanded manner
2. Statute serves legit local purpose 3. no alternative means could promote local purpose. |
