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What is the Con Law "Outer Checklist"?
1. Procedural Issues
2. Preemption
3. Power Source
4. Alternative Means
5. Intergovernmental Immunities- P and I clause
6. Separation of Powers
7. Substantive Due Process
8. Procedural Due Process
9. Emminent Domain
10. Contracts Clause
11. Equal Protection
12. 1st Amendment (SPAR)
What are the procedural issues that need to be identified before we look for any substantive issues?
1. Case/Controversy
2. Standing
3. Ripeness
4. Mootness
5. Political Question
6. Supreme Court Jurisdiction
7. Adequate State Grounds
8. Abstention
9. Declaratory Relief
10. 11th Amendment
What is the inner checklist for determining if there was a valid government power source?
A. Federal Statute- is the statute within the power of Congress?
   1. Commerce Clause- Article 1 sec 8
     a. Necessary/Proper clause
   2. Taxing Power- Article 1 sec 8
   3. Spending Power- Article 1 sec 8
   4. War Power- Article 1 sec 8 (Congress) and Article II sec 2 (Pres)
   5. Treaty Power- Article II sec 2
   6. Foreign Affairs Power- implied power
   7. Aliens/Naturalization/Citizenship
B. State Statute- is it a valid exercise of the State's broad POLICE POWERS to regulate HEALTH, SAFETY, WELFARE, AND MORALS. of its citizens? (10th Amendment)
What if Congress has preempted the field?
If there is a federal/state conflict, balance the policy of maintaining federal supremacy against state autonomy
What are the intergovernmental immunites problems that may arise?
1. State immunity from federal taxation
2. State immunity from federal regulation
3. Federal immunity from state regulation
4. State taxation of federal government
5. State taxation of interstate commerce
6. Privileges and Immunities clause- discrimination involving national or state citizenship?
How do we approach an EP issue?
B. State Action
   1. Tests
   2. Constitutional Power Soources vs. Private Action
C. Is the discrimination intentional or unintentional
D. Classify Discrimination
E. Irrebutable presumptions
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