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Constitutional Law OutlineThree Levels of Review1.The mere rationality StandardThe court will uphold the gov’t action as long as two req’s are met.a.Legitimate state objective

The gov’t must be pursuing a legitimate governmental objective

b.Rational Relation

Minimally rational relation

2.The strict scrutiny standarda.Compelling objective

Gov’t must have a compelling reason for pursuing the action

b.Necessary means

The means chosen by the gov’t must be necessary to achieve that goal.

3.Middle level review standarda.Important objectiveb.Substantially related meansThe Mere rationality standard gets used in the following situations1.Dormant commerce clauseThe mere rationality test is the main test to determine whether a stateregulation that affects the interstate commerce violates the dormantcommerce clause.What is the Dormant Commerce Clause

is a legal doctrine that courts in the United States have inferred from theCommerceClauseof theUnited States Constitution. The Commerce Clause expressly grants Congress the power to enact legislation that affects interstate commerce. The ideabehind the Dormant Commerce Clause is that this grant of power implies a negativeconverse — a restriction prohibiting a state from passing legislation that improperly

burdens or discriminates against interstate commerce. The restriction is self-executing and applies even in the absence of a conflicting federal statute.

2.Substantive Due Process

So long as no fundamental right is affected, the test for determining whether agovernmental act violates substantive due process is again mere rationality. Thus...

The vast bulk of economic regulations will be tested by the mererationality standard and almost certainly upheld3.Equal Protection

Mere rationality is used so long as 1) no suspect or quasi suspect classification isbeing used. 2) No fundamental right is being impaired.

Strict Security: When the court applies strict secuirity

Substantive due process/fundamental rights

Where a governmental action affects fundamental rights, and the plaintiff claimsthat his substantive due process rights are being violated, the court will use strictscrutiny. Therefore the court will use strict scrutiny on anything to do with marriage,child bearing, and child rearing.

b.Equal protection review

The court uses strict scrutiny to review a claim that a classification violates theplaintiff’s equal protection rights, if the classification relates either to a suspectclassification or a fundamental right . Suspect classifications include race, nationalorigin, and sometimes alienage. Fundamental rights include the right to vote, to bea candidate, to have access to the courts, and to travel interstate.

c.Freedom of Expression

If the gov’t is impairing free expression in a content based way, then the court willuse strict scrutiny and will almost certainly strike down the regulation. If thegovernment is restricting some speech, but not others, based on the content of themessages, then this suppression of expression will only be allowed if necessary toachieve a compelling purpose.

d.Freedom of religion/Free exercise clause

The court will use strict scrutiny to evaluate any impairment with a person’s freeexercise of religion. Even if the govt’ does not intend to impair a free person’sexercise of his religion, if it substantially burdens his exercise of religion the gov’twill have to give him an exemption

Middle Level Review: The court will use middle level review whena.Equal Protection/Semi Suspect.

Two traits which are deemed semi-suspect are 1. Gener, and 2. Illegitimacy

b.Contracts Clausec.Free expression/non content basedThe Supreme Court’s Authority and The Federal Judicial Power

McCulloch v. Maryland

Facts of the Case:In 1816, Congress chartered The Second Bank of the United States. In 1818, the state of Maryland passed legislation to impose taxes on the bank. James W. McCulloch, the cashier of theBaltimore branch of the bank, refused to pay the tax.Question:The case presented two questions: Did Congress have the authority to establish the bank? Did theMaryland law unconstitutionally interfere with congressional powers?Conclusion:In a unanimous decision, the Court held that Congress had the power to incorporate the bank andthat Maryland could not tax instruments of the national government employed in the execution of constitutional powers. Writing for the Court, Chief Justice Marshall noted that Congress possessed unenumerated powers not explicitly outlined in the Constitution. Marshall also heldthat while the states retained the power of taxation, "the constitution and the laws made in pursuance thereof are supreme. . .they control the constitution and laws of the respective states,and cannot be controlled by them."