Due Process and Fundamental Rights Flashcards
What are the fundamental rights that are protected under the Constitution?
[FVIP]
1) First Amendment freedoms
2) Voting
3) Interstate Travel
4) Privacy
- Includes Marriage/Family, Parental Rights, Sexual Acts, and Contraceptives
What the the FVIP rights subject to in regarding to judicial review?
Strict Scrutiny
When will a court apply Rational Basis Review when the right to vote is infringed?
When a state or local law limits the right to vote in a governmental unit’s election to its residents—i.e., those who reside within the governmental unit’s borders.
What is required under Procedural Due Process?
Prevents any deprivation of life, liberty, or property without due process of law.
Does an individual have a property right to public employment?
Generally, public employers must provide employees with due process protections before depriving employees of any property interest.
However, not all public employment rises to the level of a property interest. Consider:
1) Whether the contract was under a specified period of time
2) Whether the employee was at will, absent assurances or when the contract requires specific grounds of termnation.
Even if there has been a taking of life, liberty, or property, how does a court determine what type of process is due?
Generally, still require notice and a hearing. Courts will balance three factors to determine this:
1) Private interest affected
2) Government’s interest
3) Risk of erroneous deprivation through current procedures, and value of additional/alternative procedures
ESSAY TIP: How should you ALWAYS discuss procedural due process, when relevant?
If an infringement of a fundamental right occurs, **discuss what type of process is constitutionally due.
1) Private Interest and Importance to Individual
2) Interest and Importance to Government
3) Risk of Error and Value of Additional Processes
ESSAY TIP: Is the right to liberty and freedom a fundamental right?
Yes!!!!!!!!
