Constitutional Law - Protection of Individual Rights Flashcards Preview

Bar Exam 2014 > Constitutional Law - Protection of Individual Rights > Flashcards

Flashcards in Constitutional Law - Protection of Individual Rights Deck (10):

Equal Protection Clause Claim

1) P must demonstrate a state action
2) an equal protection challenge will be successful only if the discriminatory government action is such that strict scrutiny or heightened scrutiny will be applied by the court. These tests will only be applied where intentional discrimination against a suspect class, fundamental interest, gender, or illegitimacy is found to exist


Intermediate Scrutiny Analysis

Government bears burden to show challenged action substantially relates to an important interest - "substantial relation to important governmental objectives". Applies to Gender & Illegitimacy


Rational Basis Analysis

P must show state action is not rationally related to a legitimate government interest. Applies to age


Strict Scrutiny Analysis

Government must show the regulation/state action is necessary for the fulfillment of a compelling state interest. Applies to fundamental rights: to vote, interstate travel, privacy, race, alienage, national origin


14th Amendment, Due Process Clause

protects freedom of choice in matters of marriage and family life



states may restrict abortion as long as they do not place any "undue burden" on the woman's right to choose


Privileges & Immunities Clause of Article IV, Sec. 2.

Protects non-residents from being discriminated against by state or local governments with respect to certain "basic rights" and "essential activities" of state citizenship. Ex: right to own property, equal access to medical care and the courts, and the right to earn a living. If discrimination against non-residents is found to exist, the law will be struck down unless the responsible state or local government can show such discrimination is closely related to a substantial government interest ie. Intermediate Scrutiny


Public Use Clause

Government must demonstrate the "exercise of the eminent domain power is rationally related to a conceivable public purpose"


Bill of Attainder

A law that applies to named individuals or an easily ascertainable group in a manner that inflicts a punishment without a judicial trial. Unconstitutional.


Ex Post Facto Clause

Forbids both the states and the federal government from enacting retroactive criminal laws. Prohibits retroactive application of an increase in punishment for a crime that carried a lesser penalty when committed. Concerns retroactive changes in evidence and procedure that operate to the disadvantage of the criminal defendant by making conviction easier.