Con Law _ Individual Rights Flashcards
(40 cards)
Definition – Equal Protection
EQUAL PROTECTION
Government is treating people DIFFERENTLY
Strict Scrutiny:
EQUAL PROTECTION
- Applies to Race, Alienage, National Origin
** Government has the burden* - NECESSARY to achieve a COMPELLING interest
Intermediate Scrutiny:
EQUAL PROTECTION
- Applies to Gender, Illegitimacy
- Government has the burden
- SUBSTANTIALLY related to an IMPORTANT interest
Rational Basis
EQUAL PROTECTION
- Applies to Everyone Else
- Plaintiff has the burden
- RATIONALLY related to a LEGITIMATE interest
EQUAL PROTECTION
Definition – Substantive Due Process
DUE PROCESS
Government regulating a right for ALL PEOPLE
Example:
o “All citizens must…”
o “All citizens shall not…”
o “If you want to do X, all people must do Y”
Levels of Scrutiny – Substantive Due Process
DUE PROCESS
-
Fundamental Right: Strict Scrutiny
vs. - Non-Fundamental Right: Rational Basis
Fundamental Rights:
DUE PROCESS
- Vote
- Free Speech
- Interstate Travel
(THINK CAMPER)
Fundamental Rights - Privacy Rights
DUE PROCESS
CAMPER triggers Strict Scrutiny:
* Contraception
* Abortion – Undue Burden
* Marriage
* Procreation
* Education
* Raise Family
Definition – Procedural Due Process
DUE PROCESS
Property Rights:
* Governmental jobs
* Licenses
* Public benefits
Levels of Scrutiny – Procedural Due Process:
DUE PROCESS
- No Levels of Scrutiny
- Need Notice AND Hearing
Procedural Due Process
AdaptiTip:
Property Right {HAS / HAS NOT} be vested
DUE PROCESS
Make sure property right has vested
Example:
Property Right:
o Day 100 of a 90-day trial period
Not a Property Right:
o Studying for the bar exam does not mean
property right in law license
o District Attorney working on a trial period o Working on probation
AdaptiTip
Which Amendments:
Equal Protection & Due Process:
FEDERAL Law = {#} Amendment
vs.
STATE Law = {#} Amendment
DUE PROCESS
Equal Protection & Due Process:
FEDERAL Law = 5th Amendment
vs.
STATE Law = 14th Amendment
13th Amendment:
13TH AMENDMENT vs. 15TH AMENDMENT
- Bans slavery
- PRIVATE individuals cannot racially discriminate
15th Amendment:
13TH AMENDMENT vs. 15TH AMENDMENT
- Voting & Racial Discrimination
Takings Clause Rule
TAKINGS CLAUSE
1) Government taking Private Property
2) For Public Use
3) With Just Compensation
Example:
o Government wants to take property for a museum, highway, stadium, or public park, and they need to take away your land to build it
Definition – Public Use
TAKINGS CLAUSE
Any overall public benefit
Example:
Public Use:
o Government wants to bulldoze Jon’s house for a new highway
Not Public Use:
o Government wants to bulldoze Jon’s house for restaurant and shops for private owner, unless government shows it is for a public use
Inverse Condemnation
TAKINGS CLAUSE
- Denies you the economic benefit of the land
- Value left is WORTH NOTHING
Example:
o Put nuclear power plant across from Jon’s house o Put manure factory across from Jon’s house
o Put exit ramp of a main highway across from Jon’s house
Definition – Establishment Clause
RELIGION
Government cannot pass a law that establishes a religion
Lemon Test:
RELIGION
1) Secular Purpose
2) Cannot Advance or Inhibit Religion
3) No Excessive Entanglement
Example:
Excessive Entanglement:
o Payment of money
o Scholarships
o Tax breaks
o Subsidies
Definition – Free Exercise Clause
RELIGION
Government must remain neutral on practice of religion
AdaptiTip
A Law { ________ } to religion will be constitutional even if the { ________ } prohibits religion
RELIGION
A Law NEUTRAL to religion will be constitutional even if the EFFECT prohibits religion
Content-Based Regulation:
SPEECH
- Government stops the message
- Triggers Strict Scrutiny
Example:
o Ask Government to march, parade, or
demonstrate and Government says no
o Group wants to take out an advertisement
in newspaper and Government refuses
Content-Neutral Regulation:
SPEECH
- Regulation on Time, Place, & Manner
- Where, When, & How
