Approaches

Question 1

Procedure (5 Steps)

Answer 1

1. Case/Controversies
2. Judicial Restraint
3. Standing
4. Mootness
5. Ripeness

Question 2

Commerce Clause (9 Steps)

Answer 2

1. Art 1, Sec 8
2. Regulate Channels of Interstate Commerce
3. National/Cumulative Economic Effect
4. Regulates Activities that Substantially Affect Interstate Commerce.
5. Modernly - Broad Power
6. Argue Facts
7. Fed - Necessary and Proper Clause
8. State - 10th Amendment
9. New York v. U.S. - The Federal Government may not compel states to enforce or administer a federal regulatory program.

Question 3

Dormant Commerce Clause (4 Steps)

Answer 3

1. Art 1, Sec 8: Concurrent Power - 10th Amendment
2. Facial Discrimination?
   -Intentional? Invalid per se unless state is market
   participant.
   -Unintentional (continue analysis)
3. Balance between State interests and effect on IC.
4. Alternative Means?

Question 4

Preemption Doctrine (4 Steps)

Answer 4

1. Federal Power
2. Preemption
   
   • Express?
   • Implied?
3. Effect
4. Feds - Minimum Standard. States - Higher Standard

Question 5

Due Process (Substantive) (5 Steps)

Answer 5

1. Life/Liberty/Property Interest
2. Economic/Social Regulation
3. Rational Basis
4. Fundamental Right
5. Compelling interest

Question 6

Due Process (Procedural) (3 Steps)

Answer 6

1. Life/Liberty/Property Interest
2. Notice/Opportunity to be heard
3. Balance Factors
   
   • Importance of Interests
   • Procedural Safeguards
   • Government Interests

Question 7

Eminent Domain (3 Steps)

Answer 7

1. Taking - Total v. Partial
2. Regulation? Zoning?
3. Just Compensation

Question 8

Zoning (6 Steps)

Answer 8

1. 10th Amendment
2. Cumulative/Non-Cumulative Ordinance
3. Comprehensive Plan or Spot Zoning?
4. Variance
5. Constitutional Attacks
6. Modernly - Assume Risk

Question 9

Equal Protection (6 Steps)

Answer 9

1. IRAC EP
2. State Action
3. De Jure/De Facto
4. Classify Discrimination
   
   • Non-Suspect/Non-Fundamental
   • Quasi-Suspect
   • Suspect/Fundamental
5. Irrebuttable Presumptions
6. Over/Under Inclusive?

Question 10

Speech/Association

Answer 10

1. IRAC 1st Amendment
2. Content Neutral
3. Content Based-Unprotected Speech?
4. Speech/Association Public Places
   
   • Public Forum
   • Limited/Designated Public forum
   • Non-Public forum
   • Private Property
5. Issues that Effect Speech/Association
   
   • Prior Restraint
   • Overbreadth
   • Vagueness

Question 11

Establishment Clause

Answer 11

PEE

1. Purpose, Secular
2. Effect Neutral
3. Excessive Entanglement

Question 12

Free Exercise Clause

Answer 12

1. Targeted Interference with Practice or Belief
2. Neutral Interference with Practice - Look for government coercion
3. Unintentional Interference