Individual Rights Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

What is equal protection?

A

When the government is treating similarly situated people differently

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What suspect classifications receive strict scrutiny?

A

Discrimination based on race, alienage, and national origin.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What classifications receive intermediate scrutiny?

A

Discrimination based on gender, illegitimacy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are the levels of scrutiny under equal protection?

A

Strict, intermediate, rational basis

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is strict scrutiny?

A

Government must show that the law is necessary to further a compelling government interest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is intermediate scrutiny?

A

Government must show that the law is substantially related to an important government interest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is rational basis review?

A

Plaintiff must show that the law is not rationally related to any legitimate government interest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is substantive due process?

A

Government is taking away or regulating a right for all people

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Under SDP, if the government is regulating a fundamental right, what level of scrutiny is applied?

A

Strict scrutiny - the government must show that the law is necessary to further a compelling government interest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Under SDP, if the government is regulating a non-fundamental right, what level of scrutiny is applied?

A

Rational basis - the plaintiff must show the law is not rationally related to any legitimate government interest.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What are the fundamental rights?

A

(1) right to vote
(2) right of free speech
(3) right to interstate travel
(4) right to privacy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What are the privacy rights?

A
CAMPER:
C - contraception
A - abortion (undue burden)
M - marriage
P - procreation
E - (private) education
R - raise your family any way you want
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is procedural due process?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is the difference between the 5th and 14th amendments?

A

5th Amendment: federal government passes a law that affects DP/EP
14th Amendment: state passes a law that affects EP/DP

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is the privileges + immunities clause?

A

When a state passes a law that treats non-residents (people from other states ) differently

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is the 13th Amendment?

A

(1) bans slavery

(2) private individuals (non-state actors) can be prosecuted for racial discrimination

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is the 15th Amendment?

A

Voting + race. Can’t put restrictions on a certain race’s ability to vote.

18
Q

What is the takings clause?

A

government may not take property for public use unless they pay you just compensation

19
Q

What is “just compensation” under the takings clause?

A

fair market value

20
Q

What is “public use” under the takings clause?

A

Public use = as long as it affects the public overall, even if a private person or company owns it

21
Q

What is inverse condemnation?

A

the government is doing something that denies you the economic benefit of your land. The value left is nothing.

22
Q

What are the two constitutional concepts related to religion?

A

(1) Establishment clause

(2) Free exercise clause

23
Q

What is the establishment clause?

A

Government can’t pass a law that gives preference to one religion over another

24
Q

What is the test for whether a law is neutral toward religion?

A

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)

25
Q

What is the free exercise clause?

A

Every citizen has the right to practice their religion any way they choose. A law neutral to religion will be constitutional even if the effect prohibits religion.

26
Q

What is a content-based regulation on speech?

A

Government is stopping the message from getting out.

27
Q

What level of scrutiny applies to content-based restrictions on speech?

A

Strict scrutiny - the government must show the law is necessary to further an important government interest

28
Q

What is a content-neutral regulation on speech?

A

Government says you can do what you want, but they are regulating the time, place, and manner of the speech

29
Q

What is the scrutiny applied to a content-neutral regulation on speech?

A

The regulation will be constitutional if it furthers a substantial government interest and leaves open alternative means of communication

30
Q

What is a content-neutral regulation in a public forum?

A

Conduct is occurring on streets and parks

31
Q

What scrutiny is applied to a content-neutral regulation in a public forum?

A

The regulation will be constitutional if it furthers a substantial government interest and leaves open alternative means of communication

32
Q

What scrutiny is applied to a content-neutral regulation in a non-public forum?

A

Regulation must be reasonably related to a legitimate government interest

33
Q

What are unprotected forms of speech?

A

(1) obscenity
(2) clear and present danger
(3) fighting words

34
Q

What level of scrutiny applies to unprotected forms of speech?

A

Rational basis - plaintiff must show the law is not rationally related to any legitimate government interest

35
Q

When can the government regulate commercial speech?

A

Business related speech that is reasonably fit to a substantial interest that is narrowly tailored.
False/misleading advertising is not protected

36
Q

What is prior restraint?

A

Government can’t stop speech before it has been spoken/published

37
Q

What is an overbroad regulation?

A

Restricts too many forms of speech

38
Q

What is a vague regulation?

A

When you determine what speech is supposed to be regulated. The government is trying to prevent “any” or “all” of a type of speech

39
Q

What is a bill of attainder?

A

Law that punishes a named person or named group of people either civilly or criminally

40
Q

What is an ex post facto law?

A

Law making something retroactively criminal that was previously not a crime

41
Q

What is the contracts clause?

A

State can’t pass a law that would expressly impair your ability to enter a particular contract

42
Q

What are the exceptions to the state action requirement?

A

(1) private entity performs a task usually done by the gov;

2) significant state involvement (entanglement