Fundamental Rights Flashcards
The Due process Clause can be found in the ?
14th amendment
State action is brought under ?
the due process clause of the 14th amendment
Federal action is brought under ?
the due process clause of the 5th amendment.
When an fundamental right is infringed upon, the court should apply ____ ____ ?
strict scrutiny
T/F: 9th amendment can also be used for a due process challenge.
TRUE.
When is due process triggered?
when the constitutional issue is whether the government’s interference is justified by a sufficient purpose.
When is equal protection triggered?
when the constitutional issue is whether the government’s discrimination as to who can exercise the right is justified by a sufficient purpose.
Analysis [4 questions]
- is there a fundamental right?
- has the fundamental right been infringed upon?
- is there a sufficient justification for the government’s infringement on that right?
- Are the means sufficiently related to the purpose?
T/F: Rights are absolute!
FALSE.
No right is absolute.
fundamental rights are ___ ?
rights that are not textually in the constitution [unenumerated]
Examples of fundamental rights [4]
right to marry, procreation, right to protect family autonomy, voting.
T/F: Even if a fundamental right is not infringed upon, apply strict scrutiny
FALSE.
No infringement = rational basis.
