EPC + DP Flashcards
Generally where a law limits the liberty of all persons to engage in some activity, the persons are entitled to _______
due process
Where a law treats a person or class of persons differently from others, it is an _______
equal protection question.
Substantive due process guarantees that laws will be _____ and not ____.
Reasonable
Arbitrary
Equal protection guarantees that ______ will be treated alike.
similarly situated persons
The Due Process Clauses and the Equal Protection Clause guarantee the _____
fairness of laws
T/F
EP applies to state and local governments through the EPC of the 14th Am.
True
T/F
EP applies to the federal government through the Due Process Clause of the 8th Am.
False
5th!
In an EP analysis, the question is whether ______ are being treated ____
two similarly situated groups
disparately/differently
What are the two ways classification can be established?
- if it exists on the face of the law
2. the law is facially neutral but has a discriminatory impact and purpose
What is the DP Clause?
“no state shall deprive any person of life liberty or property w/o due process of law”
How many components does DP have and what are they called?
2
Substantive and procedural
When a law limits a fundamental right, ____ scrutiny will be applied
Strict
When a law limits a fundamental right, it will only be upheld if it the gov can prove the action is necessary to promote a ____ ____
compelling interest
What are the 4 questions in a Fundamental Rights/Due Process Analysis?
(1) Is there a fundamental right
(2) Is the constitutional right infringed?
(3) Is there a sufficient justification for the gov.’s infringement of a right?
(4) Are the means sufficiently related to the purpose?
Remember, no rights are ___
absolute
