Chapter 7 Declaration of Rights

Question 1

“Declaration of Rights”

Answer 1

• Every Florida citizen (corporations do not count) has the right to equal protection under the law, to
  
  • Freedom of religion
  • Freedom of speech
  • Freedom of press
  • Right to assemble
  • Right to work
  • Right to bear arms
  • Freedom from unreasonable search and seizures
  • Access to the courts
  • Right to trial by jury (except juveniles)
  • Right to privacy

Question 2

Declaration of Rights

Strict Scrutiny

Answer 2

These rights (above / fundamental rights) are subject to a Strict Scrutiny analysis

Equal protection clause only applies to state actions, private entities may be able to engage in discrimination

“No person shall be deprived of any right because of race, religion, national origin, or physical disability.” This right is subject to a Strict Scrutiny analysis.

Strict Scrutiny analysis applies to every claim involving inalienable rights, fundamental rights, and discrimination.

Question 3

Rational Basis

Answer 3

Rational Basis analysis applies to “age” related claims of discrimination

Rational Basis analysis applies to all other claims

Question 4

Due Process and Contracts

Answer 4

There shall be no laws directed at an individual to punish without due process or laws impairing the obligation of contracts

Question 5

Search and Seizure

Answer 5

Citizens shall be free from unreasonable searches and seizures

Citizens shall be free from unreasonable search and seizures and against interception of private communications.

No warrant shall issue without probable cause supported by an affidavit detailing the nature of the evidence

Question 6

Strict Scrutiny Requires

Answer 6

• Strict Scrutiny requires a:
  
  • Compelling government interest and
  • Restrictions that are narrowly tailored to accomplish the government interest with the
  • Least intrusive means possible.

Question 7

Rational Basis Test

Answer 7

• Rational Basis test requires that there is a:
  
  • Legitimate government interest and
  • that the restrictions created by the government are rationally related to the interest.
  • There must be a reasonable relationship between the statute and proposed classification

Question 8

Right to Work

Answer 8

Every citizen shall have the right to work and therefore, a person cannot be denied a job because of involvement in a labor union. Also, a person cannot be forced to join a labor union or pay dues

Question 9

Public and Private employees

Answer 9

Public and private employees have the right to collectively bargain, however, public employees cannot go on strike (Strict Scrutiny)

Question 10

General Concept

due process

Answer 10

No person shall be deprived of life, liberty, or property without due process of law

Claims of violation of due process are analyzed under the rational basis test

Question 11

impose on a citizen’s property rights

Answer 11

• The Court said that in order to impose on a citizen’s property rights, there must be a
  
  • Valid (rational) government purpose and
  • The imposition must be reasonable