Individual Rights Flashcards
State Action
the individuals rights protections of the con. only apply when there is state action
state action is
actions by 1) government agencies and officials 2) private entities who perform exclusive public functions or 3) private entities that have sig. government involvement in their activies
equal protection
equal protection clause prohibits state and local gov. from treating sim. situated people differently
how can you bring an equal protection claim against fed gov.
under 5th am. due process clause
when will strict scrutiny apply
will apply if there is a suspect class (race or national origin in florida) or a fundamental right (right to vote, right to interstate)
what is the strict scrutiny test
the action will be struck down unless gov. proves that it is necessary to achieve a compelling government interest
who is in a quasi suspect class
gender and legitamacy - apply intermediate scrutiny
intermediate scrutiny test
government must prove that the law is substantially related to an important gov interest
who is in class for rational basis test
includes age, wealth, sexual orientation, disability
what is rational basis test
aggrieved party must show that the law is not rationally related to a legitamite government interest
procedural due process
prohibits gov. from depriving a person of life, liberty, or property without due process of the law (notice and opportunity to be heard)
substantive due process
focuses on the lefitamicy of the gov. act by applying the applicable standard of review. violations of substantive rights and liberties will be brought under substantive due process
fundamental rights
there are three fundamental rights under U.S. constitution: 1) right to privacy (marry, procreate, custody of children, keep the family together, rear children, contraceptives) 2) right to vote and 3) right to interstate travel
if a law infringes on fundamental rights
use strict scrutiny test but include third factor of least restrictive means
first amendment freedoms
freedom of speech and freedom of religion