HUDDLESTON_CON_LAW_OUTLINE

HUDDLESTON_CON_LAW_OUTLINE - Angela M Huddleston...

Info icon This preview shows pages 1–5. Sign up to view the full content.

View Full Document Right Arrow Icon
Angela M. Huddleston Constitutional Law Fall 2004 Standard of Review 1) Rational Basis- legitimate state interest, minimally rational relation, not arbitrary. P has burden of persuasion. Legislation will almost always be upheld. Apply: a) Dormant Commerce Clause i) State regulation must pursue a legitimate state interest and be rationally related to that end. b) Substantive due process i) As long as no fundamental right is affected and ii) Legislation pursues a legitimate state interest and iii) Means are rationally related to state interest c) Equal Protection i) No suspect or quasi-suspect class ii) No fundamental right in question 2) Strict Scrutiny - objective must be “compelling” and means must be “necessary,” with no less restrictive alternatives available. Govt. has burden of persuasion. Legislation will almost always be struck down. Apply: a) Substantive due process i) Affects a fundamental right b) Equal Protection i) Suspect class (race, national alienage, origin) OR ii) Fundamental right (vote, courts, travel) 3) Heightened scrutiny/intermediate scrutiny - legislation must address an “important” state interest and means must be “substantially related.” Burden usually placed on government. Generally only for gender-based cases. a) Equal Protection i) Semi-suspect class (gender, illegitimacy) ii) Legislation must be substantially related to achievement of some important government interest 4) Rational basis with teeth - a) statute regulates status rather than conduct and restricts a wide variety of rights based on that status i) Romer , Moreno , maybe Lawrence. b) Court detects animus, no legitimate state interest
Image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Angela M. Huddleston Constitutional Law Fall 2004 SOURCES FOR FEDERAL LAW I. Necessary and Proper Clause II. Commerce Clause a. Channels/instrumentalities b. Four Morrison considerations. III. Dormant Commerce Clause IV. Section 5 of 14 th Amendment Ask: Is it constitutional?
Image of page 2
Angela M. Huddleston Constitutional Law Fall 2004 Necessary and proper clause - Congress may use any means that is rationally related to the exercise of the enumerated power and not specifically forbidden by the Constitution.
Image of page 3

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Angela M. Huddleston Constitutional Law Fall 2004 COMMERCE CLAUSE Activity must substantially affect commerce and the means must be reasonably related to the objective. 1) Private or public actors? Commerce clause legislation can be valid as applied to private actors alone or applied to public (governmental alone) or as applied to both. Gun-free school zones only applies to private actions. VAWA is private actors. a) Private- Lopez/Morrison factors. Three categories. If the channels/instrumentalities seem preposterous, don't dwell on them. b) Public (or private and public)- Lopez/Morrison but only after you ask about clear statement rule.
Image of page 4
Image of page 5
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern