Grossman Individual Rights Con Law

Question 1

What does Equal Protection have to do with Due Process?

Answer 1

Nothing. Do not confuse these two. You will only be tested on one of these concepts at a time.

Question 2

How will I know if I am doing an Equal Protection question?

Answer 2

The government (the state) will be treating people differently. Government passes a law that treats some people differently than everyone else. Signaling out.

Question 3

Is it automatically unconstitutional if the gov passes a law/treats some people differently than others?

Answer 3

No. It depends on WHO is being treated differently. What group? (what class of people?) are being treated differently?

Question 4

Equal Protection: how many levels of scrutiny

Answer 4

3

Question 5

Strict Scrutiny (the big one)

Answer 5

race, alienage, national origin

Question 6

What does the Strict Scrutiny test say?

Answer 6

It says the government HAS THE BURDEN to show that the law is NECESSARY to ACHIEVE a COMPELLING interest

Question 7

Intermediate Scrutiny (the middle one)

Answer 7

Gender, Illegitimacy

Question 8

Elements of Intermediate Scrutiny

Answer 8

Burden: gov

SUBSTANTIALLY RELATED to an IMPORTANT interest

Question 9

Rational Basis (the little one)

Answer 9

everybody else

Question 10

Elements of Rational Basis

Answer 10

the little plaintiff has the burden to show that the law is not RATIONALLY RELATED to a LEGITIMATE interest

Question 11

2 types of “Equal Protection Questions’

Answer 11

1. Gov is treating one group differently, so you look for answer choice that says Equal Protection is at issue.
2. It tells you that it is Equal Protection. So you have to determine level of scrutiny.

Question 12

Let’s say you know that you want Strict Scrutiny. But there are TWO answers quoting “compelling interest” language. What are they testing?

Answer 12

Who has the burden!

Question 13

the longer the question, the more

Answer 13

BS it has. look for buzzwords

Question 14

2 types of due process

Answer 14

procedural and substantive

Question 15

How do I know when I am doing a substantive due process q?

Answer 15

When the government (the state) is taking away or regulating A RIGHT from ALL of us. All citizens shall not…All citizens must…

Question 16

Some rights are so important to us that they are called

Answer 16

fundamental rights

Question 17

If the government tries to take away a fundamental right, we apply

Answer 17

strict scrutiny

Question 18

What if gov tries to take away a non-fundamental right?

Answer 18

rational basis

Question 19

how many levels of scrutiny in substantive DP?

Answer 19

2

Question 20

Three Independent Fundamental Rights

Answer 20

1. Voting (voting process)
2. Free Speech
3. Interstate Travel (go to different states)

Question 21

Fundamental Privacy Rights

Answer 21

CAMPER. Campers need privacy at camp to tell secrets and make friendship bracelets.

Contraception 
Abortion
Marriage
Procreation 
Education (private) (the fundamental right to give a private education)
Raise your family

Question 22

What is the test for abortion?

Answer 22

Government cannot place an UNDUE BURDEN on a woman’s right to have an abortion.

Question 23

Procedural Due Process

Answer 23

Property Rights: governmental jobs, licenses, public benefits

Question 24

If the gov tries to take away or regulate our property rights, what are we afforded under procedural due process?

Answer 24

notice and a hearing

Question 25

What are the levels of scrutiny for procedural due process?

Answer 25

There are no levels of scrutiny for procedural due process!

Question 26

Generally, when you see the term “liberty right” or “liberty interest” on the exam, what is that focused on?

Answer 26

substantive due process. our liberty rights are our freedoms

Question 27

What to look for procedural due process question

Answer 27

1. make sure that the person ACTUALLY HAS the property right (it needs to be vested, not just in the process of applying for it or in a “trial period” at a government job)
   2.

Question 28

5th and 14th- individual rights/due process/equal protection–what are we looking at?

Answer 28

If the state violates due process or equal protection— 14th A applies
If congress passes a law violating/relating to DP or EP, 5th A will apply

Question 29

If you see CONGRESS passing a law that treats a group differently (so you are thinking Equal Protection), what should you choose in the answer choice?

Answer 29

federal law = 5th amendment will be mentioned in the answer choice. it might even say “5th amendment due process”

If it was the state in the same situation, 14th.

Question 30

Privileges and Immunities

Answer 30

If a state passes a law that discriminates against YOU because you are not a RESIDENT

Question 31

13th Amendment

Answer 31

Racial Discrimination - allows PRIVATE individuals to be prosecuted for racial discrimination.