Con law Flashcards
What are the fundamental privacy rights
Marriage, Procreation, Contraception, Parents, Living as a family, Obscene reading material
What is included in the right to travel?
(1) travel state to state (2) equal treatment across states
What are the three exceptions to the dormant commerce clause?
(1) Congress approves, (2) state market participant, and (3) gov action of function traditionally performed by gov
Two ways state law can trigger privileges and immunities clause:
Discrimination against out of staters regarding (1) fundamental right and (2) right to earn a living
Three areas of implied federal preemption
(1) conflict, (2) state prevents federal objective (3) feds have occupied field
Rational Basis Standard requires
Challenger to show law is not rationally related to legitimate government purpose
Intermediate Scrutiny standard requires
Government has burden of showing law is substantially related to important government purpose
Strict scrutiny standard requires
Government to demonstrate law is necessary (least restrictive) to achieve a compelling government interest
Obscenity
(1) prurient interest (according to modern community) (2) offensive (according to modern community) and (3) lacks value (according to national reasonable person)
Procedural due process requires
Notice, hearing, and impartial decision maker when person deprived of life, liberty, or property
Suspect classifications under EPC
race, national origin, and citizenship (state only)
Quasi suspect
gender, legitimacy
Unprotected forms of speech are:
incitement, fighting words true threats, obscenity, defamation, some commercial speech
incitement is
speech intended and likely to produce imminent lawless action
Fighting word is
a statement likely to prevoke an immediate physical response
True threat is
Words intended to convey to someone a serious threat of bodily harm
Commercial speech not protected if:
(1) false (2) misleading, (3) illegal