Individual Rights Flashcards
(24 cards)
State Action (Always analyze BEFORE raising ind rights)
Because the Constitution generally applies only to G action, to show a constitutional violation “State action” must be involved. State action applies to all governments and government officials at all levels. Here,
Public Function
Activities that are traditionally under the exclusive control of the state are state action no matter who performs them. Here, (e.x. running a town, conducting an election, etc…)
Significant Gov Involvement
State action exists wherever a state affirmatively facilitates, encourages, or authorizes acts of discrimination by its citizens. Here,
(e.x. enforcing racially discriminatory covenants through the court)
Procedural Due Process - Has G deprived a citizen of life, liberty, or property?
A fair process (notice and a hearing) is required for a G agency to deprive a citizen of his life, liberty, or property (“entitlement”). Here,
(ex. Terminating G benefits, separating child from parents, punitive damages awards, etc..)
Fair Process
The type and extent of required procedures are determined by a 3 part balancing test that weighs: 1) the importance of the interest to the individual, 2) the ability of additional procedures to increase the accuracy of the fact finding AGAINST 3) the G’s interests. Here,
Waiver
Due Process rights may be waived so long as the waiver is voluntarily and made knowingly. Here,
Substantive Due Process - Is the law arbitrary and capricious?
The DPC of the 5th A applies to the federal G, whereas the DPC of the 14th A applies to state and local Gs. A citizen may raise a SDP claim if a law limits the liberty of ALL persons to engage in some activity. Here,
Fundamental Rights - Strict Scrutiny
Fundamental rights include: travel, voting, and privacy (contraception, marriage, procreation, child rearing, and familial relations). The burden is on the Government to show that the law is NECESSARY to achieve a COMPELLING government purpose. Here,
Right to Vote
The right to vote is a fundamental right. Restrictions on the basis of residence, age, and citizenship are invalid unless they can pass SS. Here,
Residency Requirement
Reasonable time periods of residence are valid, so long as they are under 30 days. here,
Property Ownership
A restriction based on property ownership is usually invalid. Here,
Poll Taxes
Poll taxes are unconstitutional. Here,
Right to Travel
An individual has a fundamental right to migrate from state to state and be treated equally after moving into a new state. Here,
International travel is NOT a fundamental right, and a rational basis standard applies to all international travel regulations. Here,
Privacy
Various privacy rights including marriage, sexual relations, abortion, and childbearing are fundamental rights and are subject to SS. Here,
Marriage
The right to marry is a fundamental right, but only between a man and a woman. Here,
Use of Contraceptives
A state may NOT prohibit distribution of nonmedical contraceptives to adults. Here,
Abortion
Abortion is a fundamental right, however, it is G regulated and G regulation is subject to different tests depending on the viability of the fetus.
Pre-Viability
The G may not prohibit abortion before the fetus is viable. However, it may regulate abortion so long as the regulation does not place an undue burden on the mother. Here,
Post-Viability
The G may prohibit abortion after the fetus is viable unless the mother’s health is threatened. Here,
Own Obscene Material
The right to own obscene material in one’s home (except child pornography) is a fundamental right. Here,
Keep Family Together
Regulations that prevent family members from living together are invalid. Here,
Rights of Parents
Parents have a fundamental right to make decisions concerning the care, custody, and control of their children. Here,
Private Sexual Conduct
Adults have a fundamental right to private consensual sexual conduct. Here,
Non-Fundamental Rights - Rational Basis
Non-fundamental rights are typically economic or social rights. The burden is on the challenger to show that the law is not RATIONALLY RELATED to a LEGITIMATE government purpose. Here,
