Scribd
Upload
350 views1 page

Understanding the Takings Clause and Rights

The document outlines various constitutional law doctrines related to rights protected under the 14th Amendment of the US Constitution. It discusses analyses for rights related to due process, equal protection, privileges or immunities, and takings. Key aspects covered include different levels of scrutiny (e.g. rational basis, intermediate scrutiny, strict scrutiny), tests for determining violations of rights (e.g. undue burden, essential nexus), and limitations on congressional and state actions imposed by doctrines like congruence and proportionality, the commerce clause, and preemption.

Uploaded by

Katie Lee Wright
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
350 views1 page

Understanding the Takings Clause and Rights

The document outlines various constitutional law doctrines related to rights protected under the 14th Amendment of the US Constitution. It discusses analyses for rights related to due process, equal protection, privileges or immunities, and takings. Key aspects covered include different levels of scrutiny (e.g. rational basis, intermediate scrutiny, strict scrutiny), tests for determining violations of rights (e.g. undue burden, essential nexus), and limitations on congressional and state actions imposed by doctrines like congruence and proportionality, the commerce clause, and preemption.

Uploaded by

Katie Lee Wright
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Right

to Travel

Privileges or Immunities 14th Amendment

State Action
Substantive Due Process Condition/ Exaction Unenummerated Rights Bill of Rights

Equal Protection Substantially burdens a fundamental right Burdens a suspect or quasi- suspect class Everything else

145 Specific Bad State Behavior

Takings Clause: state takes property Possessory Regulatory

Congruence: What is the evil Congress is trying to address? Did the state cause it?

Diminishes Property Value

Race/ national origin

Gender/ religion

Proportional: Does the remedy specifically address the evil?

Essential Nexus Test: btw initial connection & condition imposing

Sexual Orientation

abortion

Right to Privacy/ Family Strict Scrutiny:


compelling state interest and narrowly tailored

Is discrimination INTENTIONAL? And is it discriminatory in EFFECT?

Whole

Partial Rational Basis

Undue Burden

No reasonable economic use Likelihood that Congresss law be upheld: If the evil affects a right that is likely to be subject to strict scrutiny (fundamental right)- MOST LIKELY court will uphold congressional action Penn Test: Applies to individuals

If the evil affects a right that is likely to be subject to intermediate scrutiny (suspect right)- SOMEWHAT LIKELY court will uphold congressional action If the evil affects a right that is likely to be subject to rational basis LEAST LIKELY court will uphold congressional action

Public Use: Govnt Use, public access, public purpose No


GIVE BACK but may owe $ for time taken

Substantial Due Process: Economic Rights: legitimate Connection Test: legislation affecting commercial interest + important Commerce Clause transactions- Rational Basis will condition rationally interest + related substantially imposed related advance policy Carolene Congress can regulate commercial state action purported Exception as long as it affects interstate commerce: channels/instrumentalities, stream of Dormant Commerce Clause
commerce, goods, services, and people, any intrastate activity that substantially affects interstate commerce, eve if its indirect or aggregate When the state passes laws that affect interstate commerce by discriminating against out of staters or favoring in staters Preemption: express, implied, field

Intermediate Scrutiny:

Rational Basis:

Penn Central Test: regulation applies to everyone: 1) What are they trying to do? 2) Does it leave the property with some reasonable economic value? 3) What were they using property for to begin with?

Yes

In favor of owner

In Favor of City

No Taking

10th Am. Conflict: 1) cant direct states to do something actively that they wouldnot otherwise have no obligation to do 2)cant use state officers to administer federal scheme

Market Participant

Regulator
Facially Discriminatory

Neutral

Taking: Fair Compensation: loss to owner


Carolene: passes S.S but does it affect a specific group?

Strict Scrutiny

Legitimate interest + least discriminatory means

Favors instate private actor or industry

Favors in- state public entity

Balancing Test: State


interest vs. burden on commerce

Fundamental Rights and Basic necessities: livelihood, welfare, etc. will always fail.

Substantial state interest + substantial relationship to achieving that interest

Is there sufficient justification for discrimination?

Has the state discriminated against out-of-staters with regards to the privileges and immunities affords its own citizens

Privileges and Immunities Article 4

Rational Basis

You might also like