Con Law Flow Chart - How to organize your notes to answer a closed book con law issue spotter question PDF

Preview

Summary

How to organize your notes to answer a closed book con law issue spotter question...

Description

Answering a Constitutional Law Question 1

Whose action is challenged?

2

What is the source of authority?

Commerce Clause*

3

Is there an external limit?

Taxing Power*

Federal – Legislative

Federal – Executive

10th Amendment Spending Power*

14th Amdt. § 5*

Executive Power

War Power

Due Process

Equal Protection / Substantive Due Process

Rational Basis (Economic)

Rational Basis “with Teeth” (Econ. / Animus)

Heightened Scrutiny (Sex)

Strict Scrutiny (Race / Fund. Rt.)

Is the law rationally related to some hypothetical state interest?

Is there a rational relationship to any legitimate state interest?

Does the law further an important gov’t interest by substantially related means?

Does the law further a compelling gov’t interest and is it narrowly tailored to achieving it?

* Consider that Necessary & Proper Clause may give extra power to regulate something as an adjunct to a regulatory framework promulgated under another, valid head of legislative authority

2

State...