Chapter 4 constitutional rights

Question 1

Standing rights

Answer 1

the ability of an individual to have their rights adjudicated by a
court

Question 2

in order to have Standing in a court, you must also have…

Answer 2

claim of injury caused by gov’t conduct if petitioner can prove this, their likelihood of redress increases

Question 3

Madisonian Dilemma

Answer 3

Believed human nature was inherently evil and people wil go to great lengths to further their interests in the political landscape. Worried about factions opressing or undermining the rights of the public

Question 4

procedrul right

Answer 4

rights to a procedure when litigating a case- Due process public trial cross examination

Question 5

substantive rights

Answer 5

rights that are free from gov’t
Stricture ie. freedom of speech

Question 6

substantive due process by incorporation

Answer 6

courts “nationalize” laws on a case by cass
basis; they extend federal provisions to the states

Question 7

Rational basis test

Answer 7

To pass: the challenged law must further a legitimate government interest and do so by rational means; when courts employ this test they typically side with gov’t

Question 8

intermediate basis test

Answer 8

To pass: the challenged law must further an important government interest and do so by substantial means; usually employed in cases concerning projected identity; gender, illegitimate children

Question 9

Strict scrutiny test

Answer 9

To pass: the challenged law must further a compelling government interest and do so by narrowly tailored means
courts usually side with the petitioner; employed in cases concerning suspect characteristics

Question 10

Case or controversy

Answer 10

In order to have standing in court an individual must have distinctive claim of injury

Question 11

Advisory opinions ( george washington)

Answer 11

court cannot administer advisory opinions, George washington asked advice from court on ongoing war, Justice declined his request and cited separation of powers

Question 12

Supreme court justices

Answer 12

Samuel Alito
Elena Kagan
Sonia Sotomayor
Clarence Thomas
Ketnaji Brown Jackson
Neil Gorsuch
John Roberts
Amy Coney Barret
Brett Kavanaugh

Question 13

Suspect Classification

Answer 13

Race
Religion
National Origin
Alien Status
Classifications based on immutable characteristics; discrimination is presumptively illegal

Question 14

Mootness Doctrine

Answer 14

limits the power of judicial review

Question 15

Ripeness doctrine

Answer 15

prevents litigation based on a law that hasn’t been implemented yet.