Master Flow
First
Can the Court Hear the Case?
Second
Did the legislative body have the subject-matter authority to pass
the law?
Federal Congress
-Commerce power?
Will the Court Hear
the Case?
Prudential
considerations
Standing, mootness,
ripeness, etc.
State Congress
All legitimate state interests
(but see direct restrictions
below); Police Power
No Recent
Act of a
Legislature
Can the President
exercise this power
absent approval?
Or in defiance
of legislature
-War Powers?
-Taxing and Spending Power?
-Removal?
-14th Am. Enforcement
Foreign Policy?
Third
Does the law go beyond the scope of permissible action in
achieving this?
Federal Government
State Government
Cannot treat out-of staters
differently.
DCC; P&IC
Cannot legislate where Federal
Congress exercises Supremacy
Supremacy Clause; Preemption
Cannot force state governments
to act.
10th Am Anti-Commandeering
Cannot overly burden states with
threat of conditional funds.
Taxing & Spending Anti-Commandeering
Cannot unjustifiably deprive all people of a liberty.
5th, 14th DPC (SDP)
Cannot unjustifiably deprive specific groups of people of a liberty.
14th EPC (SDP)
Cannot unjustiably treat a certain class of people differently under
the color of law.
14th EPC (EP)