Chapter 6 - Privileges and Immunities Clause, Due Process Clause, Equal Protection Clause

Question 1

Privileges and Immunities Clause

Answer 1

• Article 4 - citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.
• To place the citizens of each state upon the same footing with citizens of other states.
• I can travel from state to state w/o a problem.

Question 2

Hicklin v. Orbeck

Answer 2

• Privileges and Immunities Clause
• Alaska had jobs available.
• State said if you were an employer in the gas and oil industry, you have to give priority to Alaskan citizens.
• Non-Alaskans were upset and sued Alaska.
• NON-ALASKANS WON.
• The Alaska law was considered unconstitutional.

Question 3

Due Process Clause

Answer 3

• Constitution guarantees the people basic fairness when interacting with the gov’t.
• Fourteenth Amendment - “due process and equal protection”
• Procedural vs. Substantive Due Process.

Question 4

Procedural Due Process

Answer 4

• The Gov’t must provide a fair process before depriving the person of life, liberty, or property.
  1) A person must receive notice of the gov’t action.
  2) Person given the opportunity to be heard and voice his or her concerns in front of the appropriate gov’t agency or tribunal.

Question 5

Substantive Due Process

Answer 5

1) The focus is on the fairness of the law, not the law itself.
2) Gov’t laws must be RATIONALLY RELATED to a LEGITIMATE gov’t interest.

Question 6

County of Sacramento v. Lewis

Answer 6

• Motorcylist drove by police officer at a fast speed. The police followed him and it turned into a high speed chase.
• Police couldn’t stop and actually killed him.
• The family sued Lewis, but lost
• The County wins because it was a rational reaction by the officer and a legitimate gov’t interest for the police to aprehend Lewis.

Question 7

Equal Protection Clause

Answer 7

• 14th Amendment
• The gov’t should treat people equally unless there is a justifiable reason to treat them differently.
  1) The gov’t must justify classifying people differently
  2) Different levels of scrutiny by the courts.

Question 8

Equal Protection Clase - Strict Scrutiny

Answer 8

• Applies to race, national origin, and fundamental rights.

- The gov’t must show that an action is NECESSARY to promote a COMPELLING gov’t interest.

Question 9

Adarand Constructors, Inc., v. Pena

Answer 9

• Bid to win a gov’t contract to build something.
• A minority also submitted a bid.
• The gov’t awarded the contract to the minority because they were a different race.
• The people who lost the bid weren’t happy because it based on race.
• Went to the S.C. - said that since it dealt with race, it needed strict scrutiny.
• The lower courts only applied intermediate scrutiny.

Question 10

Intermediate Scrutiny

Answer 10

• Applies to gender

- Gov’t must show that a gov’t action based on gender is SUBSTANTIALLY RELATED to an IMPORTANT GOV’T INTEREST.

Question 11

United States v. Virginia

Answer 11

• VMI school would only admit men.
• It was a public institution so taxes were supporting it.
• Women were paying taxes but couldn’t get into the school.
• A woman sued.
• Although the state said that they’d create a similar school fro the females, it still wasn’t equal.
• The WOMAN WON.

Question 12

Rational Basis Test

Answer 12

• Applies to all other classifications (height, weight, age)

- Gov’t must show that a gov’t action is RATIONALLY RELATED to a LEGITIMATE gov’t interest.

Question 13

City of Cleburne

Answer 13

• Wanted to put a facility in the city for mentally retarded people, and the city said no.
• Required a permit but then declined the permit.
• Living center sued the city and said the gov’t action was unconstitutional under the rational basis test.
• Ultimately the court ruled IN FAVOR OF THE CENTER.
• The CITY LOST because they couldn’t show that it was rationally related to a legitimate gov’t interest.