Individual Rights Flashcards
Equal Protection
Gov’t treats people differently
Due Process
Treated differently based on race, alienage (non-US citizen), national origin
SS - Gov’t has burden to show law is NECESSARY to achieve COMPELLING interest
Treated differently based on gender, illegitimacy
IS - Gov’t has burden to show law is SUBSTANTIALLY related to an IMPORTANT interest
Treated differently based on anything else
RB - PLAINTIFF has the burden to show law is not RATIONALLY RELATED to a LEGITIMATE interest
Substantive Due Process
Gov’t taking away ALL OF OUR RIGHTS
Substantive Due Process
Fundamental Right = Strict Scrutiny
Non-Fundamental Right = Rational Basis
Fundamental Rights = Strict Scrutiny
Right to Vote
Free Speech
INTERSTATE Travel (one state to another)
Privacy rights:
Contraception
Marriage
Procreation
Education
Raise Family
Non-Fundamental Rights =
Rational Basis
Procedural Due Process
Property Rights -
Governmental (PUBLIC) jobs
Licenses
Public Benefits
Make sure I own the property right.
Need NOTICE and a HEARING
Equal Protection and Due Process - State v Federal
State –> 14
Federal –> 5
Privileges & Immunities (14)
State is discriminating against NON-RESIDENTS (NOT BUSINESSES).
“RESIDENT”*
13th Amendmentt
Slavery; PRIVATE individuals cannot racially discriminate
15th Amendment
Voting/Racial Discrimination
Takings Clause
Gov’t cant take private property for public use without just compensation
Inverse Condemnation
Not taking your property but doing something that extremely lowers the value of your own property or makes it where nobody would want to live there
Religion
Establishment Clause
Free Exercise Clause
Establishment Clause
Gov’t cannot pass a law that formally sponsors or establishes a religion
Now –
NEUTRALITY; not trying to prefer one or another, AND
HISTORY AND TRADITION
Free Exercise Clause
A law NEUTRAL to religion will be constitutional even if the EFFECT prohibits religion.
In order for it to be unconstitutional, GOVT has to INTEND to discriminate
Speech
Gov’t can’t ban speech because FUNDAMENTAL RIGHT
Gov’t CAN regulate speech. Question is CONTENT-BASED vs CONTENT-NEUTRAL
Content-Based
Shutting the message down. SS. No. You can’t do it.
EX: Denying a permit.
Content-Neutral
We don’t care about your message. We are telling you where when and how you can get that message out.
SIGNIFICANT/IMPORTANT gov’t interest
+ leave open ALTERNATIVE means of communication
Content Neutral - PUBLIC Forum
SIGNIFICANT/IMPORTANT gov’t interest
+ leave open ALTERNATIVE means of communication
Content Neural - NON-PUBLIC Forum
Billboards, Signs, Buses
REASONABLY RELATED to a LEGITIMATE INTEREST
