Individual rights

Question 1

intermediate scrutiny test and what it applies to

Answer 1

D must show that the law is substantially related to a legitimate government interest.
classification based on gender or status as a non-marital child

Question 2

lowest scrutiny and when it applies

Answer 2

The P must show that the ordinance is not rationally related to a legitimate government interest.

rational basis standard is used in all cases in which one of the higher standards (intermediate or strict scrutiny) is not applicable, including laws drawing distinctions based on age

Question 3

strict scrutiny standard and when it applies

Answer 3

gov must show that the law is least restrictive means to achieve a compelling government interest

the strict scrutiny standard, which applies only if the case involves a fundamental right or suspect classification, such as race, ethnicity, national origin, or citizenship status

Question 4

what triggers heightened scrutiny of a law that discriminates between sets of people?

Answer 4

If the diiscrimination is INTENTIONAL

heightened scrutiny is used when a law substantially impacts a fundamental right or discriminates against a suspect or quasi-suspect class.

A law can intentionally discriminate:

on its face–
the language of the law distinguishes between different classes (intent presumed)

as applied – a facially neutral law is purposefully applied differently to different classes or

in its motive – an otherwise neutral law was enacted to disproportionately impact a protected class

Question 5

standard of review for a federal law that dsicrimaintes against all noncitizens

Answer 5

rational basis review (even if they are here legally–citizenship status in the UA is not a suspect class. National origin is though!

Question 6

what is the list of fundamental rights

Answer 6

FIRST VIP:

First Amendment freedoms (speech, association, religion)

Vote

Interstate Travel

Privacy: marriage, sex/contraception, NOT abortion, parental rights,

Question 7

what allows states to prohibit felons from voting?

Answer 7

Section 2 of the Fourteenth Amendment permits states to prohibit felons—even those unconditionally released from prison—from voting in elections.

Question 8

explain substantive due process –first sentence

Answer 8

substantive due process principles prevent the government from depriving individuals of life, liberty, or property without adequate justification.

Question 9

explain sentence for how substantive DP impacts ordinary rights

Answer 9

Laws that infringe upon ordinary rights—i.e., those related to social or economic interests—need only satisfy rational basis review to be constitutional. Since this standard of review presumes that the government’s actions were constitutional, the challenger must show that the law is not rationally related to any legitimate state interest.

Question 10

describe the protection afforded to those who want to live with their family group in a household

Answer 10

Substantive due process principles prevent states from depriving individuals of life, liberty, or property without adequate justification. State laws that substantially impair a fundamental right—e.g., the right to privacy, which includes related persons’ right to reside together in a single household—must undergo and survive strict scrutiny. This difficult test requires that the state perform the nearly impossible task of showing that its law is necessary (i.e., the least restrictive means) to achieve a compelling state interest.

Question 11

what does the constitution say about states drawing their voting districts?

Answer 11

=P of 14A requires that race not be the predominant factor used to draw boundary lines for state or federal legislative districts.

If it is, then the boundary lines will be subject to strict scrutiny review and likely deemed unconstitutional.

(does not matter about historic discrimination in the area)

Question 12

how to begin an essay section about applying the rational basis test for equal protection

Answer 12

The equal protection component of the Fifth Amendment applies when the federal government discriminates against similarly situated persons (e.g., residents v. nonresidents). Since this statute does not impact a fundamental right or discriminate against a protected class, it need only satisfy rational basis review.

(the 14th applies the same way to the states)

Question 13

when can a facially neutral law still trigger heightened scrutiny?

Answer 13

when it’s intentionally discriminatory by:

• in its application – a facially neutral law is purposefully applied differently to different classes or
• in its motive – an otherwise neutral law was enacted to disproportionately impact a protected class.

(if a law discriminates on its face, it’s presumed to be intentionally discriminatory)

Question 14

can a state pass a law putting higher property taxes on non-US citizens?

Answer 14

Laws that impose citizenship requirements discriminate against resident noncitizens (a suspect class). As a result, these laws violate the equal protection clause unless they pass strict scrutiny—i.e., the state shows that the law is necessary to achieve a compelling state interest.

Question 15

what is the only part of the Constitution that directly applies to non-government conduct?

Answer 15

the 13A, which bans “involuntary servitude” except in for profit prisons

Question 16

when is a non-government entity or person considered a state actor?

Answer 16

under the state-action doctrine, a private actor is considered a government actor (and bound by the Constitution) when:

• the private actor performs a traditional and exclusive government function or
• the government is significantly involved in the private actor’s activities (more than funding or licensing).

Question 17

how may government limit freedom of association?

Answer 17

It’s a fundamental right, so restrictions must pass strict scrutiny, 1A version

State and federal governments may interfere with this right when it is necessary to achieve a compelling government interest unrelated to the suppression of ideas.

Question 18

What triggers some level of scrutiny under the =P clause?

Answer 18

any law that treats any group of people differently from others (e.g., property owners v. nonproperty owners)

If it’s a fundamental right OR a suspect classification, triggers heightened scrutiny

Question 19

What does the Constitution have to say about equally sized voting districts

Answer 19

A1S2 says that federal Congressional districts must be equal size (less than 3% variance)

Equal protection “one person, one vote” principle has been applied to state and local elections

they can have a larger variability (less than 10%) so long as there is no evidence of discrimination against a suspect class

Question 20

Do public employees have the right of free speech? When and when not?

Answer 20

1A thru 14A does NOT apply to speech pursuant to official duties/ scope of employment.

DOES protect those who speak

• as private citizens (free time dirty dancing on TiTok, though w/ uniform)
• about matters of public concern (police satirizing police misconduct)

UNLESS (not protected, can be fired i.e. deprived of employment interest)
if efficient gov function outweighs this employees free speech right.

“the video impeded the police force’s efficiency by significantly undermining its harmony and morale. Therefore, the government’s interest in ensuring that the police force operate efficiently outweighs the officer’s right to free speech.”

Question 21

What does the 15thA do?

Answer 21

VOTING. Prohibits states & federal government from denying or abridging voting rights based on race, color, or previous servitude.

• Ban methods of voter discrimination
• Override state 11th Amendment immunity

Question 22

What does the 13thA do?

Answer 22

Outlaws involuntary servitude (except criminals)

• Prohibit badges/incidents of slavery
• Override state 11th Amendment immunity
• The Section 2 enforcement clause gives Congress the power to enact legislation to eliminate involuntary servitude.

Question 23

What CAN Congress do to promote the general welfare

Answer 23

Tax and spend!

NOT pass regulatory laws for this purpose

Question 24

How does the 13th Amendment affect the 10th Amendment?

Answer 24

The Tenth Amendment reserves to the states all powers that the Constitution does not expressly grant to the federal government (e.g., police powers). But the Thirteenth Amendment expressly grants Congress the authority to enact legislation addressing involuntary servitude (as seen here).

Question 25

Can a person not able to show personal harm affected by a law restricting speech challenge the law?

Answer 25

YES, IF: P challenges a law that, on its face, could be unconstitutionally applied to others not before the court. (Like with vagueness and overbreadth–chilling effect)

“Persons can challenge a statute on its face when that statute could be unconstitutionally applied to others not before the court. That challenge will succeed if the statute reaches a substantial amount of constitutionally protected conduct (i.e., overbroad).”

Question 26

how to equal protection principles apply too acts of the federal government

Answer 26

The 5th amendment due process clause is what applies =P to the feds.

It comes at state and local gov through the 14A

Question 27

What is the right to abortion on this stupid test

Answer 27

Dp prohibits from enacting statutes that place an undue burden on the fundamental right to have an abortion before fetal viability.

An undue burden exists when a statute’s purpose or effect places a substantial obstacle in a woman’s path to obtain an abortion.

BUT no fundamental right to receive government aid for an abortion, states may limit the use of state facilities for abortions to protect the state’s legitimate interest in protecting fetal life.

Question 28

how about school vouchers available to poor kids, used for a religious school?

Answer 28

Generally OK. Lemon test

The government can provide funding to religious institutions so long as it passes the Lemon test—i.e., the funding (1) furthers a secular purpose, (2) has a primary effect that neither advances nor inhibits religion, and (3) does not foster excessive government entanglement with religion.

Question 29

what is the standard for banning speech inside a government office?

Answer 29

government offices are nonpublic forums.

So:

The government may regulate speech-related activities in nonpublic forums as long as the regulation is

(i) viewpoint-neutral and
(ii) reasonably related to a legitimate governmental interest.

Question 30

what is the test for limits on commercial speech

Answer 30

Restrictions on commercial speech are reviewed under a four-part test:

i) lawful and neither false or misleading.
ii) substantial government interest asserted
ii) regulations must directly advance gov interest ANS
iv) the regulation must be narrowly tailored to serve that interest.
In this context, narrowly tailored does not mean the least restrictive means available; rather, there must be a “reasonable fit” between the government’s ends and the means chosen to accomplish those ends.

Question 31

How can Congress limit use of mail?

Answer 31

Congress may impose reasonable restrictions on the use of the mail (such as prohibiting obscene or fraudulent material to be mailed), BUT

the postal power may not be used to abridge any right guaranteed by the Constitution (e.g., the First Amendment). The Postal Limitations Act appears to regulate commercial speech, which is protected by the First Amendment.

Question 32

when might it be okay to terminate a public employee without giving her a hearing before termination?

Answer 32

If public employee can only be terminated for cause

entitled to notice of termination and a pre-termaintion opp to respond
NOT a formal pre-termination hearing

If employee is removed for significant cause, a prompt post-termination hearing, with reinstatement and back pay an options,
is sufficient DP.

Question 33

time, place and manner restrictions apply only to which clause of the C

Answer 33

apply only to free speech, not free religion

Question 34

what about a law that is equally applicable to everyone and has a reasoned independent basis, but impacts one religion way more than others?

Answer 34

disparate impact is not in itself a Free Exercise violation.
must show Intentional disparate inmpact
if law is neutral on its face

Question 35

Is the president immune from being sued for conduct before he was in office?

Answer 35

A president does not enjoy immunity from an action for civil liability that stems from conduct before the president took office. In this regard, the president is subject to litigation in the same manner as any private citizen. A

Question 36

can someone sue the federal government to force them to send an emergency national guard unit to their state?

Answer 36

NO. a federal court will not rule on a matter in controversy if it is a political question, meaning

(i) the Constitution has assigned final decision-making on this subject to a different branch of government, or
(ii) the matter is inherently not one the judiciary can decide.

Question 37

what is the rule for limiting campaign contributions

Answer 37

statutes limiting campaign contributions are subject to intermediate scrutiny:

they must be “closely drawn” to correspond with a sufficiently important interest. Laws may limit contributions to individual candidates, but not to ballot measures.