Individual Rights Flashcards
What is equal protection?
When the government is treating similarly situated people differently
What suspect classifications receive strict scrutiny?
Discrimination based on race, alienage, and national origin.
What classifications receive intermediate scrutiny?
Discrimination based on gender, illegitimacy
What are the levels of scrutiny under equal protection?
Strict, intermediate, rational basis
What is strict scrutiny?
Government must show that the law is necessary to further a compelling government interest
What is intermediate scrutiny?
Government must show that the law is substantially related to an important government interest
What is rational basis review?
Plaintiff must show that the law is not rationally related to any legitimate government interest
What is substantive due process?
Government is taking away or regulating a right for all people
Under SDP, if the government is regulating a fundamental right, what level of scrutiny is applied?
Strict scrutiny - the government must show that the law is necessary to further a compelling government interest
Under SDP, if the government is regulating a non-fundamental right, what level of scrutiny is applied?
Rational basis - the plaintiff must show the law is not rationally related to any legitimate government interest.
What are the fundamental rights?
(1) right to vote
(2) right of free speech
(3) right to interstate travel
(4) right to privacy
What are the privacy rights?
CAMPER: C - contraception A - abortion (undue burden) M - marriage P - procreation E - (private) education R - raise your family any way you want
What is procedural due process?
When the government tries to take away or regulate property rights (gov jobs, professional licenses, and gov benefits), you are supposed to get notice and a hearing
What is the difference between the 5th and 14th amendments?
5th Amendment: federal government passes a law that affects DP/EP
14th Amendment: state passes a law that affects EP/DP
What is the privileges + immunities clause?
When a state passes a law that treats non-residents (people from other states ) differently
What is the 13th Amendment?
(1) bans slavery
(2) private individuals (non-state actors) can be prosecuted for racial discrimination