ANSWER FORMAT: ISSUES “the issue is…” “as a rule…” “as a general rule,” “the majority rule…” “the rule from______” “in law, the court has ruled…” ANALYSIS “here” “in this case” “In the matter at hand” For going in a different direction: “on the other hand” “Alternatively” Emphasize additional “in addition…” “Moreover…” CONCLUSION “In my view…” “for the reasons discussed above…” “accordingly…” “because (important rationale” the court shoud…” SAMPLE MATRIX Maximum Points (30) Law (15 pts) Accurately states applicable law, lists all elements/factors if relevant Includes applicable law, some vagueness Has some of the applicable law, incomplete or not well stated Inaccurate law, elements missing Analysis (10 pts) Thoroughly uses facts, shows application, very good depth of analysis Uses some facts, shows some application, good depth of analysis Limited use of facts, application is conclusory Poor use of facts, not well-connected to legal rules, more recitation than analysis Additional Considerations (5 pts) Answer well organized, uses answer format well Demonstrates understanding of theory underlying legal rules Addresses counterarguments Presents argument or use of facts Theories of Constitutional Interpretation THEORY A general method and/or set of ideas for approaching a legal problem (“originalism” is a THEORY of constitutional interpretation) DOCTRINE Rules that guide decisions in particular legal cases (applying the “strict scrutiny” test to racial classifications is settled constitutional law DOCTRINE) IDEOLOGY Positions and beliefs about gov’t structure and policies (personally identifying as a “liberal” or “democrat”
Article IV Full faith and credit clause Interstate privileges & immunities Cannot discriminate against out of state people Interstate rendition of fugitives Rendition of enslaved persons to slavers Admission of new states Congressional power over territory and property belonging to US Guaranty clause Article V Amendment process Proposed by congress (2/3 of each house) Convention (on petition of 2/3 of the states) Prohibited any amendments to end the trade of enslaved persons until 1808 State equality of suffrage in senate guaranteed Article VI Acceptance of previously incurred Supremacy clause Federal law is SUPREME to ALL state law Oath of office (no religious test) Article VII Ratification process Nine states ratified by 1788 All 13 states ratified by 1790 The Bill of Rights (1st – 10th amendments) Individual Rights 1st -- Speech/religion) 2nd -- Right to bear arms) 3rd -- Quartering of soldiers 4th -- Search & seizure 5th -- Due process/takings 6th -- Speedy trial/impartial jury 7th -- Civil jury 8th -- Bail/cruel & unusual punishment 9th -- Unenumerated rights 10th -- Reserved powers Post-Civil War Amendments (13th, 14th & 15th) 13th – slavery prohibited 14th – citizenship, DP, EP & PI 15th – race/vote Other amendments (selected) 16th – income tax 17th – direct election of senate 19th – sex/vote 25th – presidential succession trial
Gov’t must show that they have a truly significant reason for discriminating and cannot achieve objective through any less discriminatory alternative Gov’t has burden of proof – law will NOT be upheld unless gov’t persuade the CT fatal to the law Intermediate scrutiny: Gender and non-marital children intermediate scrutiny a law is upheld if it is substantially related to an important gov’t purpose The objective does not have to be compelling, only important The means must not be necessary BUT must have a substantial relationship to the end Gov’t has burden of proof Rational basis: EVERYTHING ELSE Under rational basis the law will be upheld if it is rationally related to a legitimate gov’t purpose Gov’t objective ONLY must be a legitimate gov’t action The means only must be a rational way to meet the end Challenger has burden of proof VERY DEFERENTIAL TO GOV’T Criteria to determine the level of scrutiny: Immutable characteristics (race, national origin, gender and marital status of parents) warrant heightened scrutiny The ability of the group to protect itself through political process Historical discrimination against group Likelihood the classification reflects prejudice as opposed to permissible gov’t purpose Question #3: Does the Government Action Meet the Level of Scrutiny? CT evaluates the ends and the means The Ct focuses on the degree to which a law is under-inclusive and/or over-inclusive Law is if it does not apply to individuals who are similar to those to whom the law applies Law is over-inclusive if it applies to those who need not be included for the gov’t to achieve its purpose – law unnecessarily applies to a group of people The fact that a law is under or over inclusive does not mean it will be invalidated – most laws or one or both Laws are under-inclusive because the gov’t chooses to proceed one step at a time Under and over inclusiveness is used by the CT to evaluate the fit between the ends and means The higher the level of scrutiny a closer fit is required The Protection of Fundamental Rights Under Equal Protection