Ind. Rights

Question 1

A) Equal Protection

Answer 1

Gov Treats People Differently

Question 2

1) Strict Scrutiny

Answer 2

(a) Applies to Race, Alienage, and Nationality (RAN)
(b) Gov Has Burden
(c) NECESSARY to achieve a COMPEELING gov interest

Question 3

2) Intermediate Scrutiny

Answer 3

(a) Applies to Gender + Illegitimacy (GI)
(b) Gov has burden
(c) SUBSTANTIALLY related to an IMPORTANT gov Interest

Question 4

3) Rational Basis Review

Answer 4

(a) Applies to everyone Else
(b) P has the Burden
(c) P has to prove that the law or restriction is not RATIONALLY related to a LEGITIMATE gov interest

Question 5

B) Due Process

Answer 5

Substantive & Procedural

Question 6

1) Substantive Due Process

Answer 6

Liberty Interests

Fund and not Fund

Question 7

(a) Fundamental Rights

Answer 7

Strict Scrutiny

(i) Free Speech
(ii) Voting
(iii) Interstate travel
(iv) Privacy
(i) Contraception
(ii) A
(iii) Marriage
(iv) Procreation
(v) Education – private
(vi) Raise Family

Question 8

FVIP

Answer 8

Free speech
Vote
Interstate Travel
Privacy

Question 9

Privacy

Answer 9

CAMPER

Question 10

(b) Non-Fundamental Rights

Answer 10

Rational basis

Question 11

2) Procedural Due Process

Answer 11

Rational Basis

Question 12

(a) Types of Property Interests

Answer 12

(i) Gov Jobs
(ii) Gov Benefits
(iii) Licenses

Question 13

Procedural Due Process Protections

Answer 13

(b) Notice
(c) Hearing

Question 14

3) P&I clause

Answer 14

(a) When a States treat outsiders differently

Question 15

C) 13th Amend

Answer 15

(a) Bans SLAVERY
(b) Private ind. Cannot racially discriminate

Question 16

2) 15th Amend.

Answer 16

(a) Voting and Racial Discrimination

Question 17

D) Taking Clause

Answer 17

1) Gov Taking of PRIVATE Property
2) For Public Use
(a) Almost anything can be public use nowadays
3) With Just Compensation
(a) Includes inverse condemnation

Question 18

E) Religion

Answer 18

1) Establishment Clause
2) Free Exercise Clause

Question 19

1) Establishment Clause

Answer 19

(a) Gov cannot pass a law that formally sponsors a religion or establishes a religion
(b) Tests
(i) History and Tradition
(i) Whether the challenged gov action accords with historical practices and the Founding Fathers’ original intent
(ii) Neutrality
(i) Whether the challenged gov action is religiously neutral

Question 20

2) Free Exercise Clause

Answer 20

(a) Gov Must remain neutral on the practice of religion

Question 21

F) Speech

Answer 21

1) Content based Regulation
2) Content Neutral Regulation

Question 22

1) Content based Regulation

Answer 22

(a) Gov stops the message
(b) Triggers Strict Scrutiny

Question 23

2) Content Neutral Regulation

Answer 23

(a) Regulation of Time, Place, Manner
(b) When, where, How
(c) Triggers a form of Intermediate Scrutiny
(i) Further significant gov interest
(ii) Leaves open alt. av. Of communication

Question 24

3) Areas / Forums

Answer 24

Public/Private

Question 25

(a) Public Forum –

Answer 25

Intermediate Scrutiny

(i) Streets and Parks’
(ii) Must have significant gov interest
(iii) Leave open means of al communication

Question 26

(b) Non-Public Forum

Answer 26

– Rational Basis

(i) Billboards, signs, Buses,
(ii) Reasonably related to legit gov interest

Question 27

G) Unprotected Speech

Answer 27

1) Obscenity
2) Clear and present Danger
3) Fighting Words
4) Commercial speech
5) False and Misleading Ad.
6) Prior Restraint
7) Unfettered Discretion
8) Overboard and Vague

Question 28

1) Bill of attainder

Answer 28

(a) Cannot punish an individual or group by name
(b) Both state and Fed

Question 29

2) Ex Post Facto

Answer 29

(a) Cannot retroactively make action illegal
(b) Both state and Fed