Glossary of Constitutional Law Flashcards
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- What are the 3 standards of review that are used in Con Law?
- Rational basis
- When applying a rational basis test, what is required for the law to be upheld?
- A legitimate state objective
A minimally rational relation
--only way it will be struck down is if the govt. has acted in a completely arbitrary and irrational way
- When applying a strict scrutiny test, what is required for the law to be upheld?
- Compelling government objective
Necessary means/ends fit
--There must not be any less restrictive means that would accomplish the govt.'s objective just as well
- When applying an intermediate scrutiny test, what is required for the law to be upheld?
- Important govt. objective
Substantially related means
- Who has the burden of persuasion under rational basis?
- The individual who is attacking the government action.
- Who has the burden of persuasion under strict scrutiny?
- The government has to convince the court that the act is constitutional
- Who has the burden of persuastion under intermediate scrutiny?
- Somewhat unclear, but probably the government
- What is the likely outcome when the rational basis standard is applied?
- The government will usually win
- What is the likely outcome when the strict scrutiny standard is applied?
- The government will usually lose
- When is the rational basis standard used?
- For almost everything except race, national origin, gender,religion
- When is the strict scrutiny standard used?
- For suspect classes - race, national origin
- When is the intermediate scrutiny standard used?
- Gender, illegitimacy
- There are 3 broad categories that Congress can Constitutioanally regulate commerce under:
- Channels, instrumentalities, substantial relation/effect
- What is meant by "channels" in terms of the commerce clause?
- i.e. highways, waterways, air traffic.
Presumably, Congress can regulate even if the activity in question is completely intrastate
- What is meant by "instrumentalities" interms of the commerce clause?
- People, machines, and other things used in carrying out commerce
- What is meant by substantial relation/effect in terms of the commerce clause?
- -If the activity is arguably commercial then it doesn't seem to matter if that particular instance effects interstate commerce (Wickard - wheat quotas)
-If it's not commercial, there has to be a pretty obvious connection b/w the activity and interstate commerce
-Not enough that Congress "believed" the activity had the requisite substantial effect. (Lopez)
-Usually not allowed if the activity being regulated falls in the traditional domain of the states - unless it can be showed that a national solution is needed
- 10th Amendment
- "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the People."
- 10th Amendment - Generally applicable law
- If Congress passes a generally applicable law, the fact that the regulation affects the states has no practical significance. If the regulation would be valid if applied to a private party, it is also valid as to the state. (i.e. federal minimum wage and overtime applies to state employees as well as private - Garcia)
- 10th Amendment - Does prevent Congress from regulating state law-making processes
- Congress may not simply "commandeer the legislative processes of the states by directly compelling them to enact and enforce a federal regulatory program." (NY v. US - toxic waste)
-Congress may not commandeer state executive branch, even if easy to do and involve no discretion. (Printz - Congress ordered local sheriffs to perform background checks on handgun permits)
- President cannot make laws
- All he can do is carry out the laws. (Youngstown Sheet and Tube)
- Dormant Commerce Clause
- The mere existence of the federal commerce power restricts the states from discriminating against or unduly burdening interstate commerce
- A state regulation which affects interstate commerce must satisfy a 3-part test to avoid violating the dormant commerce clause
- -The regulation must pursue a legitimate state end
-The regulation must be rationally related to that end
-The regulatory burden imposed by the state on interstate commerce must be outweighed by the state's interest
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