Con Law - Short Outline Sinner

CON LAW INDIVIDUAL RIGHTS SHORT SHORT OUTLINE - MCGOLDRICK DUE PROCESS Substantive Due Process Punitive Damages Contract Clause Article I Section 10 No Takings Clause 5th Amendment Exactions Doctrine Fundamental Rights Right to Privacy Right to Confidentiality 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. DP can limit Punitive DamagesProportionality; Egregiousness; Comparative Civil Penalties No state may impair pre-existing contract rights. Public Purpose Balancing Test 1. Substantial Impairment; Rx Investment Based Expectations; Degree Gov Regulates 2. Legitimate public purpose must outweigh K right Actual Interest 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 Gov/State cannot take private property for public use unless just compensation. 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 No Taking = RBT 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 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. CSI FR to Privacy might include right to keep info confidential. Abortion Record Keeping requirements—ok for gov, but not ok if makes name public. Sinner -1- 8/12/2008 Right to Family Matters & Child Rearing Decisions Right to Marry Right to Make Contraception Decisions (Adults) Right to Make Procreation Decisions (Abortion) (Adults) Some aspects of family matters and child rearing get CSI. Morre = CSI (cut into definition of family unit) Michael H = RBT (protecting family unit trumps right to childrearing decisions) Child Labor Laws = RBT Unrx restrictions that significantly limit the right to marry = CSI E.g. Can’t marry if in default for child support. Rx restrictions that do not significantly limit the right to marry get the RBT E.g. Marriage License, Age Limitations Laws requiring person of each sex (homosexuals) are perhaps a violation of FR to privacy. CSI Pre-Viability = Undue Burden Test Before the point of viability the state cannot place any undue burdens on person getting abortion. Undue Burdens = Spousal/Father Consent or Notice Not Undue Burdens = 24 Hr Waiting Period; Informed Consent Post-Viability = CSI After the point of viability the state has a CSI in protecting the life of the fetus. Medical Emergency Exception Medical Requirements = Struck down unless to determine viability or protect life of fetus. Partial Birth = Might be valid of procedure is specific and medical emergency exception. Funding = RBT (applies in all situations) Some say contrary to CSI Others would find it irrational. Parental Consent = OK but must include Judicial Bypass Option (1) Maturity Exception; AND (2) Best Interest Exception CSI RBT RBT Right to Make Contraception or Procreation Decisions (Minors) Right to Refuse Medical Care Right to Engage in Homosexual Sodomy Right to Physician Assisted Suicide EQUAL PROTECTION Ordinary Social & Economic Legislation RBT Classification need not be rational to a specific person in the class, but rational the overall class. Age (disadvantaging the elderly); Closed Classifications (grandfather clause); Funding; Mental Retardation; Pregnancy (medical condition); Wealth More Searching Rational Basis (MSRB) Would a higher level of review produce a different result? Focus on the actual purpose for why the law was passed. Hippies; Mentally Retarded; Homosexuals; Kids of Illegal Aliens; Out of State Companies CSI Poll Tax = Unconstitutional Durational Residency to Ensure Legitimacy = Depends on Length (1 yr too long; 50 days ok) Prisoners = Constitutional to disqualify House of Representatives = Nearly Equal as Practicable State Legislative Districts = Substantially Equal Super Majorities = Constitutional Primary Use of Race = Unconstitutional Some Use of Race = Constitutional Laws singling out disfavored or unpopular groups w/ purpose to single out for disparate treatment Right to Vote (usually EP issue) Voter Qualification/ Right to Cast Ballot Reapportionment Racial Gerrymandering Sinner -2- 8/12/2008 District Shape/Size Access to Ballot Right to Have Name on Ballot Counting Undervote & Overvote Right to Interstate Travel (usually EP issue) Courts don’t really care about this. Rx Basis Test Laws restriction right to the ballot just have to rx relate to the managing of the electoral process. Failure to equally weigh undervote and overvote = Unconstitutional Durational Residency Requirement + Impacting Necessity of Life/Fundamental Right = CSI w/o BOTH Durational Residency AND Necessity of Life/Fundamental Right = RBT Bona Fide Residency Requirement = RBT (in all situations) Expansive Views = Majority Hold Law Unconstitutional Some Justices will apply CSI to add’l residency aspects Other Justices will apply MSRB and hold that law is irrational Privileges & Immunities clause of the 14th A also protects right to travel interstate [Saenz] Total Deprivation to Americans might be a fundamental right = RBT, but mention possibility of CSI. Partial Deprivation = RBT (no possibility of FR if provided w/ minimal education) CSI Per Se Invalid (1) Intentional act by school board or gov body to create segregation; AND (2) Current segregation or continuing harm Federal courts have authority to remedy; States have affirmative duty to integrate Authority Ends when: Good Faith Effort to eliminate last vestiges of de jure segregation; AND Substantial Success Remedy = Constitutional IF Rx, Feasible, and Workable, AND Limited to constitutional violation RBT Segregation as result of private choices based on societal, historical, or economical conditions. Federal courts have NO authority to remedy; States can pass laws to regulate this. Intermediate/EPJ Test = Mid Level of Review 1. Law must substantially relate to important governmental interests. (1) End: There must be an important OR significant gov interest; AND (2) Relationship: Must substantially relate to some important gov interest. Balancing Test b/w State Interest and Classification Consider RADs 2. Must be exceedingly persuasive justification for classification. Protective = Closer to RBT Harmful = Closer to CSI Generally/Benefits = RBT Burdens = Intermediate Test Intermediate/EPJ Test Intermediate/EPJ Test Race Discrimination = CSI All Other Rights = RBT Right to Education Suspect Classifications Race Based Classifications De Jure Segregation De Facto Gender Classifications Gender Laws Pregnancy Statutory Rape Draft Laws (Selective Service) Prison Sinner -3- 8/12/2008 Alienage Classifications [Citizens & Legal Aliens] Illegal Aliens Legitimacy Wealth Neutral Classifications Race Based AA Gender Based AA State Laws = CSI Political Function Exception = RBT 3 Requirements to get RBT 1. State Job; AND 2. High Level Gov Position; AND 3. High Level of Discretion Federal = RBT NOT CSI, Probably RBT, Maybe MSRB Less Strict Intermediate Test No RAD Requirement Custodial Status Issues = RBT RBT + PDP = Stricter RBT Neutral = RB Neutral + Purpose of Going Against Race/Gender = Per Se Invalid 7 Bad Purpose Factors (requires combo) 1. Absence of legitimate explanations or reasons 2. Departure from procedural norms 3. Departure from substantive norms 4. Direct evidence of legislative motive. 5. Disproportionate Impact 6. Historical background/specific sequence of events 7. Stark difference in statistics CSI for Federal and State and Local (1) End (most important) Making up for broad historical race based discrim is NOT valid purpose and will never pass CSI Making up for past race based discrim is BEST purpose (2) Relationship RADs + 3 Factors 1. Degree of Advantage to Minorities 2. Degree of Disadvantage Majorities 3. Overall Flexibility of Law Diversity in Education = Valid Diversity in Employment = Don’t know Intermediate/EPJ Test (1) End (most important) Making up for past historical gender based discrim is a valid purpose and will pass Intermediate Test Sinner -4- 8/12/2008