Con Law Analysis Tips

Question 1

13th Amendment

Answer 1

Best answer when private individuals, who do not qualify as state actors, discriminate

Question 2

14th Amendent

Answer 2

–All the elements of the Constitution incorporated into the amendment are protected by it

Frequently best answer when free speech or freedom of religion is not offered as a choice

Question 3

Due Process Clause

Answer 3

Best choice for an unconstitutional argument when:

1. state acts; or
2. state does not grant a hearing or invades privacy rights

Question 4

Equal Protection Clause

Answer 4

Best option when state action interferes with a fundamental interest

Question 5

Police Power

Answer 5

Best answer only when state action VS federal action

Question 6

Privileges and Immunities Clause

Answer 6

Bars states from discriminating against nonresidents on fundamental matters, UNLESS the regulation in question specifically targets a problem arising from such nonresident’s behavior

Almost never a correct answer

Question 7

Supremacy Clause

Answer 7

Not a good choice unless there is a congressional statute/provision conflicting with a state activity

Question 8

Taxing Power

Answer 8

Best answer if Commerce Clause isn’t available