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Constitutional Law Spring 2013

Constitutional Law Spring 2013. PROF. TREVOR MORRISON. BREST, LEVINSON, BALKIN, SIEGEL, AMAR (5TH ED.). 1. Answering a Constitutional Law Question 1 Whose action is challenged? 2 What is the source of authority? 3 Is there an external limit? Commerce Taxing Clause* Power*. Federal 10th Legislative Amendment Spending 14th Amdt. Power* 5*. Federal Executive War Due Process Executive Power Power Equal Protection /. Substantive Due Process Rational Rational Basis Heightened Strict Basis with Teeth Scrutiny Scrutiny (Economic) (Econ. / Animus) (Sex) (Race / Fund. Rt.). State Does the law Does the law Is the law rationally Is there a rational further an further a related to some relationship to any important gov't compelling gov't * Consider that Necessary & Proper Clause may give hypothetical state legitimate state interest by interest and is it extra power to regulate something as an adjunct to interest?

Craig v. Boren (1976) (p. 1214) Sex Discrimination West Coast Hotel Co. v. Parrish(1937) (p. 511) Substantive Due Process United States v. Virginia (The VMI Case) (1996) (p. 1229) Sex Discrimination United States v. Carolene Products (1938) (p. 513) Substantive Due Process

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