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
What is the 15th Amendment?
Voting + race. Can’t put restrictions on a certain race’s ability to vote.
What is the takings clause?
government may not take property for public use unless they pay you just compensation
What is “just compensation” under the takings clause?
fair market value
What is “public use” under the takings clause?
Public use = as long as it affects the public overall, even if a private person or company owns it
What is inverse condemnation?
the government is doing something that denies you the economic benefit of your land. The value left is nothing.
What are the two constitutional concepts related to religion?
(1) Establishment clause
(2) Free exercise clause
What is the establishment clause?
Government can’t pass a law that gives preference to one religion over another
What is the test for whether a law is neutral toward religion?
Lemon Test:
(1) law must have a secular purpose (non-religious purpose);
(2) law may not advance or inhibit religion;
(3) no excessive entanglement (usually money)
