Substantive Due Process and Equal Protection Flashcards Preview

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Flashcards in Substantive Due Process and Equal Protection Deck (13)
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1
Q

Strict Scrutiny

A

Gov’t must prove that the law is NECESSARY to achieve a COMPELLING state interest.

Applies to laws:

  • affecting FUNDAMENTAL rights (privacy. interstate travel, voting, and First Amendment rights); Or
  • Suspect classifications (race, national original, alienage)
2
Q

Intermediate Scrutiny

A

Govt must show that law is SUBSTANTIALLY RELATED to an IMPORTANT govt interest.

Applies to QUASI-SUSPECT classifications (gender and legitimacy)

3
Q

Rational Basis

A

Challenger must prove that law is not RATIONALLY RELATED to a LEGITIMATE govt interest (any legal purpose- laws that are not arbitrary or irrational)

Applies to non-suspect classifications:
- age, disability, poverty

4
Q

Substantive Due Process

A

Protects rights- as they apply to ALL persons.

Feds: V Amend; States: XIV Amend

Law affecting fundamental right: Strict Scrutiny
No fundamental rights affected: Rational Basis

5
Q

Equal Protection

A

Provides protection if a law treats a group of persons (or even a class of one) differently.

Feds: V Amend (due process clause); States: XIV Amend

Must demonstrate INTENT of govt to discriminate for strict or intermediate scrutiny to apply. May be shown by:

1) Discriminatory on its FACE
2) DISCRIMINATORY APPLICATION of facially neutral law
3) DISCRIMINATORY MOTIVE (effect alone, not enough)

Suspect Class: Strict Scrutiny
Quasi Suspect Class: Intermediate Scrutiny
Not Suspect: Rational Basis

6
Q

Fundamental Rights

A

These rights trigger SS under the Due Process Clause:

  • Right to travel (IV p&i; E.P.)
  • Right to vote
  • First Amend Rights
  • Privacy; includes:
    • Right to marry
    • Right to procreate
    • Right to custody of children
    • Right to keep family together
    • Right to control upbringing of children
    • Right to purchase and use contraceptives
    • Right to abortion (NOT SS- UNDUE BURDEN)
    • Right to engage in same sex activity
    • Right to refuse medical treatment
7
Q

Non Fundamental Rights

A

These non-fundamental rights only trigger rational basis review:

  • Right to practice trade or profession
  • Right to physician-assisted death
  • Right to education
8
Q

Rights with no known level of scrutiny

A
  • Right to engage in private homosexual activity
  • Right to bear arms
  • Right to refuse medical treatment
9
Q

Right to Vote

A

A fundamental right

  • Denying some the right to vote– SS
  • Laws to prevent fraud in process- “on balance” desirable
  • At large elections, constitutional absent discriminatory purpose
  • Racial gerrymandering- SS
  • One person-one vote (state and local)
  • Short durational residency (30 days- ok)
10
Q

Suspect Classifications

A

Laws affecting these classifications must meet SS:

Race and National Origin:
- Affirmative action, must meet SS (remedying past discrimination- ok; diversity- not compelling)

Alienage

  • Feds: rational basis
  • States: Generally suspect EXCEPT for participation in self-govt process (police and probation officers; school teachers)
  • Does not include undocumented aliens
11
Q

Not Suspect Qualifications

A

Age, Disability, Wealth, Sexual Orientation

Rational Basis is used

12
Q

Quasi- Suspect Classification

A

Gender, non-marital children, children of undocumented aliens

13
Q

Equal Protection- Standard by Classification

A

S.S.: Law must be necessary to achieve a compelling state interest.

  • Race
  • National Original
  • Alienage (generally- not feds)
  • Travel (not foreign travel)
  • Voting

Intermediate: Law must be substantially related to an important gov interest

  • Gender
  • Illegitimacy
  • Undocumented Alien Children

Rational Basis: Law must be rationally related to a legitimate gov purpose:

  • Alienage related to self-gov and dem process
  • Congressional reg of aliens
  • Age
  • Disability
  • Wealth
  • All others