Eleventh Amendment Limitation
Prohibits citizens from one state suing another state in federal court; Congress may abrogate under 13,14, and 15 Amednment
injury in fact, causation, and repressibility
individual members have standing, claim is related to purpose of the organization, and individual members are not necessary to adjudicate the claim
Must have a live controversy
injury must have occurred and not be speculative
Congress has power to regulate channel, instrumentalities, and activities that substantially effect interstate commerce
Economic activity is presumed to have a substantial effect, can aggregate economic effect
Congress can condition federal funds to states and require states to implement certain regulations (condition must relate to purpose)
Congress cannot commandeer states by forcing them to pass specific legislation
Delegation of Legislative Power
Congress may delegate its powers to an agency as long as it provides reasonably intelligible standards
President has appointment and removal powers, the pardon power, the commander in chief power, and the duty to execute the law
President has the power to conduct foreign negotiations, to deploy troops overseas, and to make executive agreements
If state law conflicts with federal law, the federal law governs.
The federal law explicitly states that it is the only law allowed in that area
Congress passes a federal law intending to “occupy the field”, state law conflicts directly or indirectly
Privileges and Immunities Clause
Prohibits states from discriminating against nonresidents, unless it is necessary to achieve an important government interest. Only applies to individual citizens
10th Amendment & Commandeering
All powers not expressly given to the federal government are reserved to the states.
Dormant Commerce Clause
Clause, a state may not discriminate against out of state commerce or in a way that unduly burdens interstate commerce.
Dormant Commerce Clause - Discrimination
Can be discriminatory on its face or by its impact. State must show important interest and no other non-discriminatory means to achieve interest
Dormant Commerce Clause - Unduly Burden
If a statute is not discriminatory, the law may still be invalid if causes an “undue burden” on interstate commerce. Court will balance purpose of statute, burden on interstate commerce, and whether there are less restrictive alternatives
Market Participant Exception
can favor local business if state is acting as a buyer or seller
The constitution protects against wrongful conduct by the government, not private parties
A private entity may be subject to the constitution if it is acting as if it is a state
5th Amendment Takings Clause
Protects from government “taking” of private property; Includes taking land and also regulatory takings by rezoning, prohibiting development, etc.
Usually involves land or other real property; Can be other property such as contract and patent rights or trade secrets
Must be rationally related to a conceivable public purpose- Includes health, safety, economic development, etc.
Government physically takes or occupies the land
A law has the effect of decreasing the value of the property
the regulation leaves no economically viable use of the property
the regulation affects some economic use of the land, but there is still some economic use available- economic impact, reasonable expectations, character of the regulation
Local government may exact promises from a developer in exchange for construction permits. NOT a taking if essential nexus and rough proportionality
Property owner is entitled to the fair market value of the property at the time of the taking
Local governments have the power to pass zoning ordinances, so long as they are reasonably related to a legitimate government purpose (health, safety, morals, and general welfare)
May be granted to allow the owner to continue the nonconforming use of the land. If not granted, owner must show undue burden
Must show that the zoning ordinance amounts to a regulatory taking
The government shall not deprive a person of life, liberty, or property without due process of law.
Amount of Due Process- Factors
Interest affected, value of additional safeguards, burden or cost of additional process
Substantive Due Process
Whether the government’s action (such as a law or regulation) impermissibly infringes on an individual’s rights
Standard of Review- Fundamental Rights (life, liberty, property, voting, travel, privacy)
Strict scrutiny—only valid if necessary to achieve a compelling governmental interest
Standard of Review- Non-fundamental Rights
Rational basis—valid if rationally related to a legitimate government interest
Equal Protection Clause
Discriminatory intent—strict or intermediate scrutiny (depending on classification); Disparate impact—rational basis review
Applies to any law involving fundamental rights and classifications based on race, ethnicity, and national origin. Government must show least restrictive means to achieve a compelling government interest
Applies to laws involving gender and non-marital children born outside of marriage. Gov. must show substantially related to important government interest.
Gender discrimination—must also show an “exceedingly persuasive justification” and that facilities are substantially equivalent
All other rights and classifications. Plaintiff must show not rationally related to legitimate government interest.
Under the 14th Amendment, Section 5—Congress may pass legislation to enforce equal protection and due process rights (overriding state statutes)
Freedom of Speech
A statute is impermissibly overbroad if it regulates more speech than necessary to protect a compelling government interest.
A statute is void for vagueness if it fails to provide a person of ordinary intelligence with fair notice of what is prohibited.
A prior restraint prohibits speech before it occurs; generally not allowed unless specific procedural safeguards are in place; Standards must be narrowly drawn, reasonable, and definite
Right Not to Speak
Protected by the First Amendment
Strict Scrutiny. Government must show the regulation is necessary to achieve a compelling governmental interest and narrowly tailored to meet that interest
Intermediate Scrutiny. Government must show that the regulation is substantially related to an important government interest
Time, place, and manner
Validity depends on the type of forum
Content neutral, alternative channels of communication be left open, narrowly serve a significant state interest
basically, any reasonable regulation of speech will be upheld
Limited Public Forum
Describes a place that is not a traditional public forum, but that the government chooses to open to all comers. Only time, place, or manner regulations are allowed
Less Protected: Commercial Speech
Commercial speech is protected unless it is false, misleading, or unlawful. Can only be regulated if interest is substantial, regulation directly advances interest, and regulation is narrowly tailored
Obscenity, Incitement to Violence, Fighting Words
There are constitutional limitations on defamation actions when the plaintiff is a public official or public figure, or the speech involves a matter of public concern.
Prohibits the government from establishing a religion, preferring a particular religion over another, or preferring religion over non-religion
Facially Religious Preference
If statute shows a preference to one religion over another (or to religion over non-religion), strict scrutiny applies
Facially Neutral Statute
Lemon Test: The law must have a secular purpose; primary effect neither advances nor prohibits religion; and law does not result in excessive government entanglement with religion
Free Exercise Clause
Includes the freedom to believe and the freedom to act. Must have a genuine belief in that religion
A person's beliefs are absolutely protected
Laws that intentionally target religions conduct are subject to strict scrutiny; Laws that are generally applicable, but happen to impact religion are subject to the rational basis test