You are on page 1of 2

PROPER PLAINTIFF? Case or Controversy? - Advisory opinion? o Abstract/hypothetical? - Declaratory judgment? o Reasonably concrete? Standing? Injury in Fact?

o Associational Standing? (1) member (2) germane to orgs purpose (3) neither the claim asserted nor the relief requested requires the participation of individual members? o Generalized grievance? Logical nexus btw status of taxpayer and claim? Taxing spending power? Specific constitutional limitations. o 3rd Party? Direct injury based on violation of anothers rights? Causal connection b/w injury and Ds conduct? Redressability? o State as plaintiff? Zone of Interest? Congressional Authorization? Citizens suit provision? Moot? Capable of repetition yet evading review Voluntary cessation Collateral consequences

Ripe? Political Question? Textually demonstrable c ommitment to other branches? Lack of judicially discoverable and manageable standards? Need for single pronouncement?

CHALLENGED ACTION? State o Police Power Preemption Federal o Legislature Commerce Clause Taxing Spending o Executive Enumerated Congressional Auth? CONGRESSIONAL POWERS Commerce Clause? Channels? Instrumentalities? Substantial effect on interstate commerce? Taxing Power? Fiscal? Regulatory? Spending Power? Natl general welfare? conditions o Unambiguous? o Related to federal interest o Not barred by other? constitutional provisions? DORMANT COMMERCE CLAUSE Legitimate Purpose or Goal? Regulation of interstate commerce? Economic protectionism? Rational Relationship?

Extraterritorial regulatory effect Discrimination against interstate commerce Burdens proportional to benefits Congressional Consent Market Participant Tax Complete Auto? o (1) Substantial nexus to taxing state? o (2) Fairly apportioned? o (3) Doesnt discriminates against interstate or foreign commerce? o (4) Fairly related to services provided by the state DUE PROCESS Substantive Due Process? Fundamental Right? o Strict scrutiny Economic Regulation? o Mere rationality Procedural Due Process? Liberty? o Fundamental right? o Statutory? Property? o Real or personal property? o Statutory entitlement? **denied for cause? Notice? Hearing? o Matthews v. Eldridge Test (1) significance of private interest (2) extent to which additional procedural safeguards would reduce risk of error

o TAKINGS Taking? o Possessory o Regulatory No reasonably economically viable use of property Nuisance? Zoning ordinance? Conditions on development? Property Public use Just compensation EQUAL PROTECTION RaceStrict Scrutiny Facial discrimination Racially discriminatory application Racially discriminatory purpose Racially disproportionate impact GenderIntermediate Scrutiny Important govt objectives substantially related to achievement Exceedingly persuasive justification Gender based purpose and effect Rational Basis Age Poverty and wealth Economic regulation Disability Sexual Orientation Alienage

(3) public interest in resolving matter quickly/efficiently Pre-Deprivation Impossible? Impracticable? Post-Deprivation

Status o Lawful? o Unlawful? Public function doctrine Preemption Fundamental Interests Right to vote Access to courts NOfood/shelter/edu FREE SPEECH Non-Protected Speech Incitement of violence? Fighting words? Hate speech Obscenity o No lit, artistic, scientific, or political value Political Campaigns Contribution limits? Expendituresno limit? Corporation? o Treasury? o PAC?