Con Law Flashcards
Key levels of individual right protection?
RISe: Rational basis, Intermediate, Strict scrutiny
Rational basis floor of due process house?
Green card(immigration), grad cap(education), pilot wings(foreign travel rights), tickets to Tonga, magical law book(changes to civil liability)
Intermediate floor of due process
Burning flag(content neutral speech regulations), parade permit, ads(commercial speech), private contract (existing private k)
Strict scrutiny floor of due process
Kkk hood(freedom of association), tied up priest( prior restraint), torn up bible (laws restraining religion), ballot(voting rights), ticket to another state (right to interstate travel), government contracts (existing gov contracts rights), and keep out sign (privacy rights)
Government cannot __ in voting booth
HUG: Hinge voting rights on property, use race, or give more than 1 vote
What can gov do with voting?
FIDdle: Felony convictions, Incarceration, and durational residency requirements
Whenmust a prior hearing be available?
Crawdad: child custody, real property, adult commitment, welfare benefits, or deportation
Subsequent hearing suffice
STD: social security benefits, tenured public employment, or disability benefits
House of equal protection: rational basis
Old convict (age), wheelchair (disability), flipping coin (wealth), alien called to jury duty (citizenship if related to gov functions)
Equal protection: intermediate scrutiny
Illegitimate gay woman( quasi suspect class- illegitimate) (sexual orientation) (gender), alien child with report card (citizenship if based on education)
Equal protection strict scrutiny
African American(race, national origin) with rosary beads (religion) and alien (and non citizenship)
Lemon test to satisfy establishment clause
SUN: secular purpose, unentanglment, and neutral
Expression not protected by first Amendment?
LOT-LGF: law breaking incitement, obscenities, threats, lies, government employee speexh, or fighting words
What do obscenities lack?
SLAPS: serious literary, artistic, political, or scientific value
When can states favor in state residents?
SIN: substantial justification, important economic activity, and no better alternative