Con Law- Charts
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Rational Basis Test
Question
Answer
Means (RBT)
Rationally related
Ends (RBT)
Legitimate conceivable purpose
Least Restrictive
Analysis? (RBT)
No
Burden of Proof
(RBT)
Challenger
Statement (RBT)
Law must be rationally related to a legitimate government interest
Triggered by (RBT)
(1) Alienage classifications related to self-govt. and the democratic
process (2) Congressional regulation of
aliens (3) Age (4) Disability (5) Wealth (1) All other classifications
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Intermediate Scrutiny
Question
Answer
Means (IS)
Substantially related
Ends (IS)
Important actual purpose
Least Restrictive Analysis? (IS)
No
Burden of Proof (IS)
Government
Statement (IS)
Law must be substantially related to an important government purpose.
Triggered by (IS)
(1) Gender (2) Illegitimacy (3) Undocumented alien children
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Strict Scrutiny
Question
Answer
Means (SS)
Necessary
Ends (SS)
Compelling actual purpose
Least Restrictive Analysis?
(SS)
Yes
Burden of Proof (SS)
Government
Statement (SS)
Law must be necessary to achieve a compelling government purpose.
Triggered by (SS)
(1) Race (2) National Origin (3) Alienage (for states) (4) Travel (but not foreign
travel) (5) Voting
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Known Tests
Question
Answer
Right to marry
Strict Scrutiny
Right to procreate
Strict Scrutiny
Right to custody of children
Strict Scrutiny
Right to keep family together
Strict Scrutiny
Right to control raising of children
Strict Scrutiny
Right to purchase and use contraceptives
Strict Scrutiny
Right to travel (equal protection)
Strict Scrutiny
Right to vote (equal protection)
Strict Scrutiny
Freedom of speech (1A)
Strict Scrutiny
Freedom of association (1A)
Strict Scrutiny
Free exercise of religion (if the law is not a neutral law of general
applicability) (1A)
Strict Scrutiny
Abortion
Undue Burden
Right to practice a trade or profession
Not a fundamental right--Rational
Basis
Right to physician-assisted death
Not a fundamental right--Rational
Basis
Right to education
Not a fundamental right--Rational
Basis
Right to international travel
Not a fundamental right--Rational
Basis
Right to engage in private, adult, consensual homosexual activity
Level of scrutiny unknown
Right to refuse medical treatments
Level of scrutiny unknown
Right to possess firearms
Level of scrutiny unknown
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Commerce Clause
Question
Answer
What does it do?
(Commerce C.)
(1) Congress can pass laws that regulate the channels of interstate
commerce, (2) regulate the instrumentalities of interstate commerce and persons and
things in interstate commerce, (3) regulate activities that have a substantial effect on
interstate commerce.
If intrastate activity
(Commerce C.)
(1) Can regulate if economic or commercial activity & rational basis that Congress
could conclude that the activity in the aggregate substantially affects interstate
commerce (2) If its noncommercial/ noneconomic, cannot be regulated unless
congress can factually show a substantial effect on interstate commerce.
Who must follow
(Commerce C.)
Congress
Who does it cover?
Exceptions?
(Commerce C.)
Congress may prohibit private racial discrimination in activities that might have a
substantial effect on interstate commerce.
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Privileges and immunities clause of 14th Amendment
Question
Answer
What does it do? (Priv. 14th
Am.)
States may not deny their citizens the privileges or immunities of national
citizenship (basically for interstate travel now)
Who must follow (Priv. 14th
Am.)
Applies to state/local govt.
Who does it cover? Exceptions?
(Priv. 14th Am.)
For a states citizens. Does not cover corporations
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Due Process of 5th &14th Amendment
Question
Answer
What does it do?
(5th/14th Am.Proc.)
Fair process (notice & hearing) required for govt. to individually take a persons
life, liberty, or property. Only intentional (not negligent) deprivation of these rights
violated the Due Process Clause.
What does it do?
(5th/14th Am.Subst.)
If limits liberty of all persons. If fundamental right, use strict scrutiny; in all other
cases, use rational basis.
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Equal Protection of the 14th Amendment
Question
Answer
What does it do?
(Eq.P.14th)
If a person or class of persons is treated differently from others, then: (1) If fundamental
right or suspect classification: strict scrutiny. (2) If quasi-suspect class: intermediate
scrutiny. (3) If anything else: rational basis. (4) For intermediate & strict, have to show
discriminatory on face or discriminatory intent & impact.
Who must
follow?
(Eq.P.14th)
Applies only to state/local govt. (for fed., use due process).
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14th Amendment
Question
Answer
What does it do?
(14th)
Prevents states from depriving any person of life, liberty, or property without due
process and equal protection of law
Who must follow?
(14th)
Applies to states
Who does it cover?
Exceptions? (14th)
Congress can adopt appropriate legislation under section 5 to remedy already
recognized violations (need to point to a history/pattern of state violation & a
congruent and proportional (narrowly tailored) legislation)
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15th Amendment
Question
Answer
What does it do?
(15th)
Prevents both federal and state govts. from denying a citizen the right to vote on
account of race or color
Who must follow?
(15th)
Applies to fed & states
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13th Amendment
Question
Answer
What does it do?
(13th)
Prohibits slavery. Allows Congress to prohibit racially discriminatory action by anyone
(govt. or private citizen)
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Contract Clause
Question
Answer
What does it do? (Contact C.)
Prohibits states from enacting any law that retroactively impairs contract
rights
Who must follow? (Contact
C.)
Applies only to state/local govt.
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(for fed., use due process)
Question
Answer
Who does it cover?
Exceptions? (Contact
C.)
Private contracts get intermediate scrutiny (serves an important & legitimate
public interest and is reasonably and narrowly tailored means of promoting that
interest); public contracts get same test, but stricter scrutiny
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Bill of rights
Question
Answer
Who must follow? (BoR)
Applies to fed. govt.
Who does it cover? Exceptions? (BoR)
Almost all of its incorporated through the 14th Amendment
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Taking Clause
Question
Answer
What does it do? (Taking C.)
5th A: private property may not be taken for public use without just
compensation
Who must follow? (Taking
C.)
Fed. (& states through 14th)
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Dormant Commerce Clause :
Question
Answer
What does it do?
(DCC)
States are allowed to regulate local aspects of interstate commerce, but not if it
discriminates against or unduly burdens (balancing test, ct. will consider less restrictive
alternatives) interstate commerce.
Discriminatory
regs (DCC)
Almost always invalid. Exceptions: Important state interest (noneconomic, necessary),
state as market participant, traditional govt. function)
Who must follow
(DCC)
State/local govt.
Who does it
cover?
Exceptions?
(1) Congress may permit state regulations that would otherwise violate commerce
clause/prohibit regulations that would otherwise be okay (2) Aliens and corporations can
be Ps (3) does not require discrimination against out-of-staters in order to
apply (4)requires a burden on interstate commerce (5) exceptions: Congressional
approval and the market participant exception
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Privileges or Immunities Clause of Article IV
Question
Answer
What does it do?
(Priv.Art.IV)
(1) Prohibits discrimination by a state against nonresidents. (2) Protects
fundamental rights (commercial activities & fundamental liberties)
Who must follow
(Priv.Art.IV)
Applies to state/local govt.
Who does it cover?
Exceptions?
(Priv.Art.IV)
(1) For nonresidents of the state. (2) Does not cover aliens or
corporations. (3) The law may be valid if substantial justification & necessary (no
less restrictive means).(4) No exceptions.
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