Con Law Flashcards
equal protection
like the US const, the FL const provides basic equal protection
FL strict scrutiny
applied to all fundamental rights and discrimination based on race, religion, national origin and physical disability
FL rational basis
applied to all other claims (not fundamental rights)
state action
required for all EP claims
strict scrutiny analysis
law upheld if there’s a compelling state interest that is accomplished by the least intrusive means
rational basis analysis
law upheld if there’s a legitimate state interest and law rationally tailored to accomplish that interest
freedom of religion, speech and press
same as US const
freedom of assembly
same as US const: peacefully assemble and redress government
but, adds the right to instruct their representatives
organized labor
right to work and right to bargain collectively are fundamental rights so strict scrutiny applies
right to work and bargain collectively
no one can be denied work because of membership or nonmembership in a union
both public and private employees have the right to bargain collectively, but public employees have no right to strike
right to bear arms
licensing requirements do not infringe on this right
FL const requires 3 day waiting period between purchase and delivery (county can require background checks and 3-5 day wait)
due process
government shall not take a person’s life, liberty or property without due process of law
fair trial
DP contemplates fair process/procedure, such as fair trial, which requires at least an opportunity to present objections to the proposed action to a fair, neutral decision maker
no double jeopardy
search warrant
follows the 4th amendment
requires probable cause and sworn affidavit with specificity
