Bar Prep Day 6: Constitutional Law

Q16:
Q18:
o Fundamental right to sell cars? No. Rational Basis
o Burden of persuasion on the person bringing suit
o A. reflects the rational basis test.
B looks like the intermediate test but the State
has to show so its incorrect
Substantive Due Process
o Vote Travel Privacy 1st amendment
Strict Scrutiny, rational basis if not
fundamental
o Equal Protection doesnt work because
(statute neutral: doesnt discriminate)
Because there is no discrimination we move to
substantive Due Process
Even though it doesnt discriminate, does
it take away a fundamental right
Procedural Due Process
o Government is trying to take something away, the
person having it taken away from:

wants a hearing and it gets denied or

gets a trial but its the wrong one

o Ex. School. Get suspended do you get a hearing
first?
Yes, because its a property right and its a
fundamental right

 You must have an opportunity to explain his

conduct and then he may be suspended
Q19: Marriage Regulation on 22
o Equal Protection (discrimination)
Treat some people differently then others? Yes.
Age.
Rational Basis
o Substantive Due Process (no discrimination)
Impact a fundamental right? Yes. Right to
privacy.
Strict Scrutiny
o State has the burned of showing that
the regulation is necessary to further
a compelling government interest
o Answer B. Substantive Due Process doesnt involve
discrimination.
Q20: Out of State Tuition
o Out-of-state tuition of illegal aliens living within the
state
o State action on illegal alien
Best were going to get is a rational basis
analysis
o D. Challenger has the burden to show that the law is
not rationally related to a legitimate state interest.
Q21: Illegitimate
o Equal Protection Clause
State action? Yes.
Discriminate? Yes. Legitimate Children

 B. Intermediate Scrutiny
Fundamental Right of Privacy CAMPER
o Contraception
o Abortion
o Marriage
o Procreation
o Private Education
o Family Relations
Takings Clause of the 5th Amendment
o Any conceivable public purpose
Q22: Native Nesting Grounds
o Can the government take your land to protect an
animal?
Yes.
o Test: Is there any conceivable public purpose
D.
Q23: Illegal Childrens Education
o Illegals get rational basis but illegals children
basically get intermediate test
The measure being challenged will not be
upheld unless it furthers some substantial goal
of the state.
o D. No, because it does not further a substantial
state interest
Q24: Medicaid Assistance
o Equal Protection? Yes. Discrimination Based on
Alienage

 Federal Statute = rational basis test

Challenger to show that there is no legitimate
government interest involved. B.
If it was a state regulation, it would have to be
strict
Q25: Skin Care Discrimination
o 14th amendment.
o Equal Protection.
Discriminate based on gender
Intermediate scrutiny
B, the city failed to show an exceedingly
persuasive justification.
EP must have purposeful discrimination,
apparent on the face of the statute, the whole
purpose of the statute
Affirmative Action
o Measures based on race must pass strict scrutiny
o If the government can show a historical
discrimination
Q26: Affirmative Action
o Firefighter Discrimination
o Discrimination must be purposeful, not enough to
show simply effect to get strict scrutiny
o C.
Q27: Affirmative Action Case
o Needs evidence of historic discrimination
o Ratios in C are really bad.

o Has to have strict scrutiny analysis because C

shows discriminatory purpose
Q28: Out of State-Fishermen
o One state discriminating against a resident of
another state? Yes
o One of the four areas? Yes. Effects ability to work.
Yes.
o Test: Intermediate: Substantial government interest.
D.
Bill of Attainder
o Legislative punishment of a named group or
individual without judicial trial
Q29:
o C. Bill of attainder
Q30:
o C. Absolutely immunity in suits about defamation
Also immune from liability when youre in court
Enabling Clause of the 14th Amendment
o May not directly prevent private acts of
discrimination, but may do so if private
discrimination is accomplished in concert with a
government entity.
o Can prevent private discrimination if its intertwined
with government action
Q31:
o Can congress pass a law against private
discrimination?

o Congress can pass a law if its in their enumerated

powers
Commerce Clause:
they can pass a law against private
discrimination
Civil Rights act of 1964
B
Free Exercise of Religion
o A state cannot deny unemployment benefits to a
person whose religious beliefs require her not to
work on her Sabbath.
Q32: Christian Quits Work
o C. Yes, because the burden on the employees right
to freedom of religion outweighs the states interest
Art III requires
o Case and Controversy
there be a present dispute between parties,
that is a present case and controversy. And
then the person who wants to go to court
needs standing.
o Standing Requirement
The plaintiff must show that he suffered an
injury
There can be a case and controversy but the
person may still not have standing.

Q33: Education Assistance Act

o Case and controversy
o B.

 Q34: State issue, no federal question

o Supreme Court decides what cases they want to
hear.
It has to be a federal issue
o B
Q35: Taxpayer standing
o One exception: Taxpayer has standing to sue if:
Governments expenditure is in violation of the
establishment clause
B.
Abstention
o
Q36: Pending Case
o State Civil or Criminal proceeding pending, the
federal court will not hear the case. They will
abstain. C

Representative Standing (association standing)

o Association Standing if:
Members would otherwise have standing itself
The cause furthers the associations operations
None of the members would participate
individually in the lawsuit
Q37: Private Tutoring Canceled
o Does the teachers organization have association
standing?
o Individual members standing? Yes. Loss in income

o Is the interest asserted germane to the associations

purpose?
Yes. To advocate for the teachers
o Can the case be litigated without the individual
participation of the members? Yes.
o Should they dismiss? No. D. C is wrong because
subdivisions of the state are not the state for
purposes of the 14th amendment.
Political Questions
o Case and Controversy, standing, cant litigate
political questions
o Federal Courts do not issue advisory opinions, they
do not answer challenges to political questions.
Q38: Moving County Lines
o Redistricting plan affects the political parties within
the district.
o Political question, not for federal court.
o D
State establishes voting districts
o Test: the election districts must be of equal
population
Q39: Spending Tax Money
o No standing, D.
o Not the right exception under the establishment
clause
Adequate and Independent State Grounds Doctrine

 If a state court judgement can be supported on

an adequate and independent state ground,
the Supreme Court will not take jurisdiction
Exception: States decision is based upon a
federal interpretation of a similar federal law
Q40:
o A
Q41: Limiting Your Sheep
o Commerce Clause
Congress can regulate any activity that has a
substantial effect on interstate commerce.
o No activity here that has a substantial affect on
interstate commerce, but in the aggregate there is
a substantial effect on interstate commerce.
o Accumulative affect doctrine. D.
Impeachment of a Federal Judge
o House of Representatives has the sole power to
impeach
Q42: Judge
o Improperly Impeached. D.
Attaching strings
o Congress may place a condition o the receipt of
federal funds if:
The spending serves the general welfare
The condition is unambiguous
The condition relates to the federal program
The state is not required to undertake
unconstitutional action and

 The amount in question is not so great as to be

considered coercive to the states acceptance.
Q43: Tobacco
o Less funding if your smoking age isnt at least 19
o 21st
o violates 10th amendment is always wrong unless in
the question about commandeering you have the
federal government requiring the state to either
pass a law or enforce a federal law.
o B
Q44: Hierarchy of Congress
o D
Q45: Gambling Act
o D.
Q46:
o C
Q47:
o C
Taxing Power of Congress
o Valid if it raises revenue or intends to raise revenue
Q48: Soda Colors
o Didnt pay the soda tax, as it valid?
o Yes, because it raised revenue
Doesnt matter that it had a suppressive effect
o B
Q49:

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o B
Spending Power
o Congress is granted the authority in the constitution
to appropriate funds for the general welfare.
o Raise and spend money on a rational basis scrutiny
Q50
o C
o Spending money, rational basis.

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