Professional Documents
Culture Documents
to Travel
State
Action
Substantive
Due
Process
Condition/ Exaction
Unenummerated
Rights
Bill
of
Rights
Equal Protection Substantially burdens a fundamental right Burdens a suspect or quasi- suspect class Everything else
Congruence: What is the evil Congress is trying to address? Did the state cause it?
Gender/ religion
Sexual Orientation
abortion
Whole
Undue Burden
No reasonable economic use Likelihood that Congresss law be upheld: If the evil affects a right that is likely to be subject to strict scrutiny (fundamental right)- MOST LIKELY court will uphold congressional action Penn Test: Applies to individuals
If the evil affects a right that is likely to be subject to intermediate scrutiny (suspect right)- SOMEWHAT LIKELY court will uphold congressional action If the evil affects a right that is likely to be subject to rational basis LEAST LIKELY court will uphold congressional action
Substantial
Due
Process:
Economic
Rights:
legitimate
Connection
Test:
legislation
affecting
commercial
interest
+
important
Commerce
Clause
transactions-
Rational
Basis
will
condition
rationally
interest
+
related
substantially
imposed
related
advance
policy
Carolene
Congress
can
regulate
commercial
state
action
purported
Exception
as
long
as
it
affects
interstate
commerce:
channels/instrumentalities,
stream
of
Dormant
Commerce
Clause
commerce,
goods,
services,
and
people,
any
intrastate
activity
that
substantially
affects
interstate
commerce,
eve
if
its
indirect
or
aggregate
When
the
state
passes
laws
that
affect
interstate
commerce
by
discriminating
against
out
of
staters
or
favoring
in
staters
Preemption:
express,
implied,
field
Intermediate Scrutiny:
Rational Basis:
Penn Central Test: regulation applies to everyone: 1) What are they trying to do? 2) Does it leave the property with some reasonable economic value? 3) What were they using property for to begin with?
Yes
In favor of owner
In Favor of City
No Taking
10th Am. Conflict: 1) cant direct states to do something actively that they wouldnot otherwise have no obligation to do 2)cant use state officers to administer federal scheme
Market Participant
Regulator
Facially
Discriminatory
Neutral
Strict Scrutiny
Fundamental Rights and Basic necessities: livelihood, welfare, etc. will always fail.
Has the state discriminated against out-of-staters with regards to the privileges and immunities affords its own citizens
Rational Basis