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What portion of what constitutional provision?

What part of what statute?

Is it a question of constitutional interpretation, or statutory interpretation?

What’s being regulated? Who’s asking for what; wants to prevent what? Is this a civil or criminal case and remedy?

If criminal, is there a “void for vagueness” problem?

If “state action” is required or involved, where along the state action continuum are the facts in this case? If private action, by what rationale can Congress regulate it? Is there any remaining core of privacy Congress can’t regulate?

Is “intent to discriminate" necessary or significant, or is “effect is to discriminate” or “results in discrimination” enough?

Federalism issue; is Congress encroaching on a traditional state function?

What is the interrelationship of the relative powers of courts, Congress, and the Executive?

What is the breadth of Congress’ power (vis-a-vis courts) to find facts, needs and relationships, interpret constitution, go beyond the courts’ interpretations? What is the relevance of, the distinctions between, the section 2 (or 5) congressional power to “enforce” and the language of the amendment itself, and the judicial interpretations of that language? Means, ends and “necessary and proper.” “Remedial” vs. “substantive” remedies.

Specifically, how far beyond the class of "African-Americans" can protections of Civil War amendments and statutes be extended?

Is there a question of a statute or other action violating a constitutional prohibition (express or implied), or going beyond a constitutional grant of power (as distinguished from the question of whether, say, an act of Congress is an "appropriate" remedy and interpretation of a constitutional provision)?

Is there a question of interpretation of vague constitutional language; finding an implied constitutional provision?