Individual Rights Flashcards
(33 cards)
Equal Protection
When the government treats people differently
Does not mean unconstituitional
Strict Scrutiny
Applies to race, alienage and national origin
Government has the burden to show that the law is NECESSARY to achieve a COMPELLING interest.
Intermediate Scrutiny
Applies to gender and illegitimacy
Government has the burden show that the law is SUBSTANTIALLY RELATED to an IMPORTANT interest
Rational Basis
Everyone else
Plaintiff has the burden to show that the law is not rationally related to a legitimate interest
What are the two types of due process?
- Procedural
- Substantive
Substantive Due Process
The government is taking away or regulating a right for ALL PEOPLE
BAR TIP
“All citizens shall not”
“All citizens must not”
Fundamental Rights
These trigger strict scrutiny test
- remember these are under substantive DP aka the government taking or regulating a right
- Right to vote
- Right of free speech
- Right to privacy
-Contraception
-Right to marry
-Procreation
-Education
-Right to raise your family
Procedural Due Process
Right to get notice and hearing
No levels of scrutiny needed in procedural DP.
Make sure they have earned their property rights
Equal Protection & Due Process
Federal law - 5th Amendment
State Law - 14th Amendment
Privileges and Immunity
State passes a law that treats nonresidents differently.
BAR TIP
“Resident v. Nonresident”
13th Amendment
Banned slavery - Racial Discrimination
Private individuals cannot racially discriminate
15th Amendment
Voting and Racial Discrimination
-Cannot make voting more difficult because of race
Takings Clause
- Government cannot take private property
- For public use
- Without just compensation
Public Use
Any overall public benefit
Inverse Condemnation
When the government is doing something in proximity to your property.
BAR TIP
This denies the economic benefit of the land
Value left is worth nothing
Establishment Clause
The government cannot pass a law that formally establishes a religion
“All religion are treated the same”
“Neutrality”
“History and Tradition”
Free Exercise Clause
Government must remain neutral on practice of religion.
BAR TIP
“Did the government do something intentionally to stop someone from practicing their religion”
A law neutral to religion will be constitutional even if the effect prohibits religion.
There are two types of speech regulation
- Content Based
- Content Neutral
Content Based
-Triggers strict scrutiny
“when a group wants to meet, demonstrate, talk, parade and the government stops the message”
Content Neutral
Regulation on time, place and manner
Generally constitutional if:
1. Furthers a significant government interest
2. Leaves open alternative means of communication
Public forum
Streets or parks
Generally constitutional if:
1. Furthers a significant government interest
2. Leaves open alternative means of communication
Nonpublic Forum
Billboard and signs
Reasonably related to a legitimate government interest
Obscenity
Unprotected Speech
1. A reasonable person would find that the work appeals to the prurient interest in sex by an objective local community standard
- Depicts sex in a patently offensive manner
- Lacks any serious literary, artistic, political or scientific value.
Clear & Present Danger
Unprotected Speech
1. Speech incites imminent violent action
2. Likely to produce violence
