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PMBR MBE FC ConLaw Matching
Con Law - Affectation Doctrine
Congress may regulate any activity which has a “substantial economic effect” on interstate commerce.
Con Law - Strict Scrutiny
-Burden on government to show the regulation is Necessary to a compelling government interest -EX- Race, Alienage, National Origin
Con Law - “Content Specific” Regulation
I) “Protected” Speech - apply SS II) “Unprotected’ Speech 1. Clear and Present Danger 2. Defamation 3. Obscenity 4. Child Pornography 5. “Fighting words” 6. Fraudulent commercial speech
Con Law - Public Speaking Forums
• Public Forum- streets, sidewalks, public parks -Areas generally open to public • Limited Public Forum- school rooms -Opened by state on permanent/limited basis • Non Public Forum- most other public places -Military bases, city bus...
Con Law - Hierarchy of Laws
1. Constitution 2. Act of Congress Treaty 3. Executive Agreement- foreign policy/affairs Executive Order – domestic policy 4. State Law
Con Law - Justiciability
Ripeness Advisory Opinions Mootness Political Questions Standing
Con Law - “Content Neutral” Regulation of Time, Place, Manner (Method)
Apply 3-part test. Regulation must: 1. Further a significant government interest 2. Be narrowly tailored, and 3. Leave open alternative channels of communication
Con Law - Fundamental Right of Privacy
C Contraception A Abortion M Marriage P Procreation E Private Education R Family Relations
Con Law - “Fundamental” Right to Vote
Apply Strict Scrutiny: 1. Discrimination in voting 2. Reapportionment 3. Switching party affiliation 4. Ballot restrictions based on “special interests” (land ownership)
Con Law - Non-Fundamental Voting Rights
Apply Rational Basis: - The right to be a candidate 1. Payment of a filing fee 2. Minimum and maximum age restrictions
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