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Flashcards in Con Law Analysis Tips Deck (8)
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13th Amendment

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


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


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


Equal Protection Clause

Best option when state action interferes with a fundamental interest


Police Power

Best answer only when state action VS federal action


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


Supremacy Clause

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


Taxing Power

Best answer if Commerce Clause isn't available