Term
The Privileges and Immunities Clause
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Definition
prohibits states from discriminating against citizens of other states (and favoring its own citizens) with respect
to certain “fundamental” rights specifically recognized under that Article. |
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Term
| Who is protected by Privleges and Immunites clause? |
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Definition
The Privileges and Immunities Clause in Article IV only
protects the rights of “citizens,” which specifically excludes corporate entities and persons who are not
“citizens” of another state |
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Term
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Definition
To state a claim under the Contract Clause, the legislation in question cannot simply indirectly affect
the value of contractual rights; rather,
it must specifically direct itself to the contractual obligations that are
being impaired, or directly interfere with a term of a contract
*Indirect effect with not trigger the contacts clause* |
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Term
| What consitutes a "Taking"? |
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Definition
If the govt deprives you of ALL economic uses of land
If its a taking = compensation (value at the time taken)
Not a taking = no compensation
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Term
| When you should raise procedural due process? |
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Definition
| lost a property or liberty interest without first receiving notice and a meaningful opportunity to be heard. |
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Term
| When will an action survive substantive due process analysis when strict scrunity is not trigger? |
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Definition
It would
survive if it is rationally related to a legitimate State objective. |
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Term
| What is considered a deprivation under procedural due process? |
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Definition
reuires more than a mere deinal of certain kinds of remedies
only when the govt affords no remedy or inadequate remedies |
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Term
| Does a taxpayer have standing to challege laws? |
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Definition
Typically No.
Only if there is:
1) A logical nexus between taxpayer status and the type of legislation attacked
2) a nexus between taxpayer's status and the nature of the constiutional infringment alleged |
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Term
| How do you decide if there is a poltical question? |
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Definition
- is there a "textually demostrable constional commitment of the issue to a coordinate political department of govt
- if so, what is the scope of that commitment
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Term
| Can a state be sued for money damages in federal court? |
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Definition
| No, but a state or state official can be sued for an injuction |
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