CONNSTITUTIONAL LAW INDIVIDUAL RIGHTS CHART
About this Chart: this is an abbreviated chart that puts a top law school outline into an easy to use form. Use this chart as a study aid for a law
school Constitutional Law Course or as a guide for learning Constitutional Law
Substantive Due Process Rational Basis Test (RBT)
Law must rationally relate to some legitimate gov interest.
(1) End: Must be some legitimate gov end;
(2) Relationship: Must rationally advance that interest
Justification only need be conceivable.
BOP on person challenging. Presumption in favor of the law.
Punitive Damages DP can limit Punitive DamagesProportionality; Egregiousness; Comparative Civil Penalties
Contract Clause No state may impair pre-existing contract rights.
Article I Section 10 Public Purpose Balancing Test
1. Substantial Impairment;
Rx Investment Based Expectations; Degree Gov Regulates
2. Legitimate public purpose must outweigh K right
3. Changes must be based on rx conditions, and must advance public purpose
Gov Interest v. K Holders Interest
Presumption in favor of legislation.
—Federal Impairment = RBT
No Takings Clause Gov/State cannot take private property for public use unless just compensation.
5th Amendment Public Use = If rationally relates to some legitimate state interest.
Taking of all Economically Viable Use = Per Se Taking
Nuisance Exception (unlawful use of property that interferes w/ lawful use of property)
Physical Invasion = Per Se Taking
Penn Central Balancing Test = Not Per Se Taking
1. Extent of Taking
2. Nature/Type of the Taking
Zoning ≠ Taking
3. Harm to Rx Investment Based Expectations
Taking = Just Compensation
© Copyright 2010 Docstoc Inc. registered document proprietary, copy not 1
No Taking = RBT
Exactions Doctrine Essential Nexus = Nolan
Must be an essential nexus b/w what was taken and the reason for taking it.
Rough Proportionality = Dolan
Must be a rough proportionality b/w the exaction and the harm caused by the change in use.
Do the conditions placed on the property by the gov offset the harm?
Fails N/D Test = Taking = Just Compensation
Passes N/D Test = RBT
Fundamental Rights Compelling State Interest Test(CSI)
Law must be narrowly tailored to advance compelling state interest.
(1) End: Must be some compelling state interest;
(2) Relationship: Must be narrowly tailored to accomplish that interest
“Narrowly Tailored” = Rx Adequate Alternatives (RAD) to accomplish w/o hurting right.
BOP heavy on the gov.
Right to Privacy CSI
Right to Confidentiality FR to Privacy might include right to keep info confidential.
Abortion Record Keeping requirements—ok for gov, but not ok if makes name public.
© Copyright 2010 Docstoc Inc. registered document proprietary, copy not 2
Right to Family Matters &