Con Law - Essay
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Cal Bar Essay Rule Statements - Con Law
A claimant with standing in their own right may also assert the right of a third party if it is
Federal courts will abstain from resolving claims based on
The 11th Amendment prohibits federal courts from hearing private party claims against a state government,
Congress may regulate
Congress may delegate legislative powers but may not delegate executive powers to itself or its officers.
Where the President acts with the express or implied authority of Congress, his authority is at its maximum.
States must give full faith and credit to judgments of courts in another state as long as
A state law that burdens interstate commerce but does not discriminate against out-of-staters, the dormant commerce clause is not violated unless the law’s burdens exceed its benefits.
A state law violates the privileges and immunities clause of Article IV if it
The due process clause of the 5th / 14th amendment prohibits intentional or reckless deprivation of
Adequate procedures are determined by evaluating the balance between
The government may take private property for public use if it acts out of reasonable belief that the taking will benefit the public provides just compensation in the form of reasonable market value.
Temporary denial of use of property is not a taking as long as the action is reasonable.
Takings are scrutinized under the rational basis test.
Prior to viability, states may not prohibit abortions or impose an undue burden on the ability to obtain abortions.
States may require parental notification or consent for unmarried minors so long as there is an alternative procedure of approval by a judge who finds that an abortion is in the minor’s best interests or that she is mature enough to decide for herself.
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