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Constitutional Law (Individual Rights (1A Establishment Clause & Free…
Constitutional Law
Individual Rights
14A Equal Protection Clause Applies to State Action Only
Exceptions:
- Private entities performing public functions traditionally done by the government (company-owned towns, private utility companies)
- State entanglement: Government has authorized, encouraged, or facilitated the unconstitutional private conduct (licensing and direct funding for schools are not entanglement)
Equal Protection Analysis Framework:
- What is the classification?
- What level of scrutiny applies?
- Does the particular government action meet the level of scrutiny?
How does a group become a suspect class?
- History of discrimination
- Distinguishing characteristic does not inhibit group from contributing meaningfully to society
- Trait is immutable
- Group is politically powerless (requires more intrusive judicial oversight by the judiciary)
Levels of Scrutiny
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Rational Basis
Legitimate Gov Interest (Any, Not Actual Reason) +
Rationally related;
Over/Under?
All Other: Age, Disability, etc.,
Alienage by Federal Gov
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14A States & 5A Fed Economic Substantive Due Process
Rational Basis Applies: Government must show adequate reason when depriving life, liberty, and property
1A Establishment Clause & Free Exercise Clause
State or Local Law: Smith Test (Neutral Law of General Applicability = Rational Basis) or Facially Discriminatory = Strict Scrutiny
Federal Law = Strict Scrutiny
Free Exercise Tests:
Lemon: Purpose, Effect, Excessive Entanglement
O'Conner: Endorsement
Coercion: Actual legal coercion
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Separation of Powers
Congress
MucCulloch v Maryland + Necessary & Proper Clause Art. I Sec. 8 cl. 18: Congress's powers include implied powers in order to effectuate the enumerated powers
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10A Limits Congressional Power:
Congress can't issue direct orders to the States (Murphy v. NCAA) and can't compel States to comply by threatening to withhold massive amounts of funding (County of Santa Clara v. Trump)
Privileges & Immunities Clause Art. IV Sec. 2 cl. 1 "Comity Clause"
Protects public intersts when discrimination against out-of-staters regarding fundamental constitutional reights and important economic activities/the right to earn a livelihood
State allowed to discriminate if there is a substantial relationship to the State's interest and no less restrictive alternatives available
Taxing and Spending Power Art. I Sec. 8 cl. 1
Congress can spend to provide for the common defense and general welfare; Not unlimited:
- Must be in pursuit of the general welfare
- Conditions on States' receipt of federal funds must be unambiguous
- Conditions on federal grants might be illegitimate if unrelated to the federal interest in particular national projects or programs (Rational basis)
- Other constitutional provisions may bar the grant of federal funds (1A)
- Conditions cannot be unduly coercive
Enforcement Powers
13A: Abolished Slavery, State & Local Govs + Private Conduct
14A: Equal Protection Clause, Applies to State Action Only
15A: Right to Vote, Applies to State Action Only
Power to Authorize Suits Against State Governments
11A prohibits suits by private citizens against states for money damages
However, Congress can authorize suits against states under 14A Sec. 5
Must show a pattern of discrimination by the states that violates the 14A and the remedy imposed must be congruent and proportional to the targeted violation (depends on the level of scrutiny applied)
Executive
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Congress cannot enact a law that directly contradicts the Executive's exclusive power of recognition
Maximum Powers: President Acts pursuant to an express (Art. II) or implied authorization of Congress
Zone of Twilight/Flexible: President acts in the absence of Congress and relies upon his own independent powers with Congress's concurrent authority/distribution of authority uncertain
Lowest Ebb: President acts against the will of Congress; Constitutional only when the President's power is exclusive and conclusive as granted by Art. II
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