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Flashcards in Con Law Analysis Tips Deck (8)
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1

13th Amendment

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

2

14th Amendent

--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

3

Due Process Clause

Best choice for an unconstitutional argument when:

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

4

Equal Protection Clause

Best option when state action interferes with a fundamental interest

5

Police Power

Best answer only when state action VS federal action

6

Privileges and Immunities Clause

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

7

Supremacy Clause

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

8

Taxing Power

Best answer if Commerce Clause isn't available