Chapter 6 Flashcards
What is substantive due process?
No state can take away a person’s right to life, liberty, or property without due process of law
What is procedural due process?
the right of a person to be secure in their persons, houses , papers and effects against unreasonable searches and seizures
What are the levels of review for substantive due process?
Strict scrutiny, middle scrutiny, and low level scrutiny
Strict scrutiny protects?
people discriminated against their race, national origin, color and religion
Middle scrutiny protects?
issues relating to gender, women
What is different about Low level scrutiny ?
this grouping is called the non protected classes and the state doesn’t need a reason for a discriminatory law
What are 3 non protected classes?
women, obesity, sexual orientation
What are 2 protected classes due to federal statutes?
Age and disability
What are 3 fundamental rights?
Right to marry, travel and procreate
What must a state prove to make a law against a protected class?
State must make a compelling argument like a threat to National Security
What must a state prove to make a law that discriminates against gender?
State has to show a good reason and the statute will be upheld as constitutional
