1) Final judgment by state's highest court

2) Turned on federal grounds

3) Meets reqs for case and controversy

4) Not decided on an independent and adequate state law basis.  

Abstention- Sup Ct will not hear case until meaning of state law is settled

Cases or Controversies

RAMPS

Ripeness- imminent harm, real harm

No Advisory Opinions- no one can overrule

Mootness-capable of evading review

No Political Questions-exclusive to other branch

Standing- injury, causation, redressability

Commerce Clause 

1) Valid federal law preempts state law

2) State law discriminate against interstate commerce-invalid unless within police power- no reasonable less restrictive means

3) If non-disc, unreasonable burden on free flow of goods that outweighs state interest?

Taxes

1) Fair relationship to services provided by state

2) Actual presence in state w/ substantial nexus to state

3) Not unfairly apportioned

Commerce Clause

CIA

1) Channels of Interstate Commerce

2) Instrumentalities of Interstate Commerce

3) Activities (commercial) concerning more than one state

4) Purely local activities that affect interstate

even where congress has not acted, CC restricts states state regulation that unduly burdens interstate commerce, or discriminates against non-residents

*Can by Act of Congress, prohibit or allow state regulations that are invalid under CC analysis.  

Privileges and Immunities Clause

(Use w/ Dormant CC)

Unless state is acting as a market participant, or no less restrictive means to solve a problem caused by non-residents, states cannot:

Discriminate against out-of-state citizens with respect to commercial activity or enjoyment of civil liberties

If within police power (for health and safety reasons) must be reasonable and least restrictive means to accomplish goal.

Even if non-discriminatory, if the burden outweighs the state's interest- INVALID.  

Privacy Rights- Marriage and divorce, abortion, obscenity in the home, Refuse medical treatment, Parenting, Interstate travel

Right to vote, One person one vote

House districts- no racial gerrymandering, and deviations only up to 1%

State legislative districts- up to 16% 

Suspect Classes

EP

SS

Race, National Origin, Religion

Alienage- feds get RB, states get SS for everything except govt employees and voting

Aff. Action- can only address specific past disc.

IS

Legitimacy and Gender

SS- necessary to achieving a compelling govt purpose

IS- substantially related to an important govt purpose

RB- rationally related to a legitimate govt interest

1) What is classification? Look for discriminatory impact- must be purposefully discriminatory.  

2) What is appropriate level of scrutiny?

3) Does it meet that level of scrutiny?

SS- overinclusive, underinclusive means not narrowly tailored

Impact- if is so pervasive it must be disc. (100%)

As long as tax raises revenue it is legitimate, regardless of any prohibiting or encouraging of behavior.  

Spending- Ct will enforce a condition on accepted federal funds if it:

1) Serves a public purpose

2) Unambiguous

3) Related to the Federal Interest

4) Doesn't violate other constitutional limits 

Takings Clause

Exactions

Govt cannot take property unless it is for rationally related to a legitimate public use and just compensation is paid.

Remedy- FMV or End Reg and Pay For Losses.  

Exactions are a taking for zoning approval, unless:

Essential Nexus- between what is taken and reason for it

Rough Proportionality- to the amount of need for the reason stated.  

Before depriving a person of life, liberty, property, MUST provide for procedures that include a 

Notice and a Hearing, how much, balance:

1) Importance of individual interest

2) Value of specific safeguards to that interest

3) Govt interest in fiscal and admin efficiency

Rights guaranteed by the Due Process Clause cannot be taken without appropriate governmental justfication.  

Due process Clause- applicable against the feds under the 5th Amendment, to the states by the 14th Amendment

Govt must be neutral to religions. 

Can't aid one religion, all religions, or prefer one over the other.

LEMON TEST (sex)

1) Law has a secular purpose

2) Primary effect neither advances nor limits religion

3) Does not produce excessive govt entanglement with religion.

Cannot punish religious beliefs- can punish religious practices as long as law is one of general applicability (does not target practice). 

SS for any law that singles out, prohibits, or punishes religious behavior because of a religious group.  

RB for any law of general applicability that happen to effect a religious practice

Freedom of Speech

Content Based- presumptively unconstitutional to regulate content unless 1/7 exceptions

Content Neutral- time, place, and manner restrictions as long as:

1) Substantial alternative opportunities for speech

2) Law narrowly tailored and serves a significant state interest.

*Look out for permits/ boards that have discretionary power to regulate content.

Public forums-sidewalks, parks, traditional free speech locales

Limited- opened to the public 

Non-Public-military, schools in session, govt ofcs

1) Can be content based, but must be:

a) viewpoint neutral and

b) reasonably related to a legit govt interest

*If forum is for government's own speech, can be viewpoint based.  

1) Inciting Immediate lawless behavior-directed at inciting, likely to incite

2) Fighting words- by utterance incites violence

3) Obscenity- a. community standard- taken as a whole appeals to the prurient interest, b. patently offensive sexual conduct depicted or described, c. lacks serious literary, artistic, political, or scientific value

4) Defamation, Libel, Invasion of Privacy

5) Child Porn

Commercial Speech and Symbolic Speech

Can regulate:

1) False misleading, dangerous advertising, if beyond this, govt must prove:

***Regulation advances substantial government interest, and is narrowly tailored to that purpose.  

O'Brien

1) Within Constitutional powers of Govt

2) Related to important or Substantial Govt Interest

3) Unrelated to suppression of expression

4) By least restrictive means

Prior Restraints-Govt must show necessary to prevent direct, immediate and irreparable harm

Overbreadth- prohibits substantially more expression than is necessary

Vagueness- unconstitutional on its face if a reasonable person cannot ascertain what law prohibits.