Individual Rights

Question 1

Equal Protection

Answer 1

Gov’t treats people differently

Question 2

Due Process

Question 2

Treated differently based on race, alienage (non-US citizen), national origin

Answer 2

SS - Gov’t has burden to show law is NECESSARY to achieve COMPELLING interest

Question 3

Treated differently based on gender, illegitimacy

Answer 3

IS - Gov’t has burden to show law is SUBSTANTIALLY related to an IMPORTANT interest

Question 4

Treated differently based on anything else

Answer 4

RB - PLAINTIFF has the burden to show law is not RATIONALLY RELATED to a LEGITIMATE interest

Question 5

Substantive Due Process

Answer 5

Gov’t taking away ALL OF OUR RIGHTS

Question 6

Substantive Due Process

Answer 6

Fundamental Right = Strict Scrutiny

Non-Fundamental Right = Rational Basis

Question 7

Fundamental Rights = Strict Scrutiny

Answer 7

Right to Vote
Free Speech
INTERSTATE Travel (one state to another)

Privacy rights:
Contraception
Marriage
Procreation
Education
Raise Family

Question 8

Non-Fundamental Rights =

Answer 8

Rational Basis

Question 9

Procedural Due Process

Answer 9

Property Rights -

Governmental (PUBLIC) jobs
Licenses
Public Benefits

Make sure I own the property right.

Need NOTICE and a HEARING

Question 10

Equal Protection and Due Process - State v Federal

Answer 10

State –> 14
Federal –> 5

Question 11

Privileges & Immunities (14)

Answer 11

State is discriminating against NON-RESIDENTS (NOT BUSINESSES).

“RESIDENT”*

Question 12

13th Amendmentt

Answer 12

Slavery; PRIVATE individuals cannot racially discriminate

Question 13

15th Amendment

Answer 13

Voting/Racial Discrimination

Question 14

Takings Clause

Answer 14

Gov’t cant take private property for public use without just compensation

Question 15

Inverse Condemnation

Answer 15

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

Question 16

Religion

Answer 16

Establishment Clause
Free Exercise Clause

Question 17

Establishment Clause

Answer 17

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

Question 18

Free Exercise Clause

Answer 18

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

Question 19

Speech

Answer 19

Gov’t can’t ban speech because FUNDAMENTAL RIGHT

Gov’t CAN regulate speech. Question is CONTENT-BASED vs CONTENT-NEUTRAL

Question 20

Content-Based

Answer 20

Shutting the message down. SS. No. You can’t do it.

EX: Denying a permit.

Question 21

Content-Neutral

Answer 21

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

Question 22

Content Neutral - PUBLIC Forum

Answer 22

SIGNIFICANT/IMPORTANT gov’t interest

+ leave open ALTERNATIVE means of communication

Question 23

Content Neural - NON-PUBLIC Forum

Answer 23

Billboards, Signs, Buses

REASONABLY RELATED to a LEGITIMATE INTEREST

Question 24

UNPROTECTED Speech

Answer 24

Obscenity
Clear and Present Danger
Fighting Words
Commercial Speech
False/Misleading Ads
Prior Restraint
Unfettered Discretion
Overbroad & Vague speech

Question 25

Obscenity

Answer 25

A prurient interest in sex by objective LOCAL COMMUNITY STANDARDS

Depicts sex in a patently offensive manner

Lacks any serious literary, artistic, political or scientific value

Question 26

Clear and Present Danger

Answer 26

Speech incites imminent violent action

Likely to produce violent

**inciting a GROUP

Question 27

Fighting words

Answer 27

Incites average person to commit violent – One person to another

Question 28

Commercial Speech

Answer 28

Business-related speech

REASONABLE FIT to a SUBSTANTIAL interest, NARROWLY TAILORED

Question 29

False/Misleading Statement

Question 30

False/Misleading Ads

Answer 30

Misleading commercials

Question 31

Prior Restraint

Answer 31

Stops speech BEFORE it is published

Injunctions, Gag Orders

Govt can STOP before

Question 32

Unfettered Discretion

Answer 32

Gov’t official saying this okay, this is not okay. Gov’t official can’t pick and choose

Question 33

Overbroad/Vague

Answer 33

Statute or language can’t be too broad or vague (“any” “all”)

Question 34

BILL OF ATTAINDER VS EX POST FACTO

Question 35

Bill of Attainder

Answer 35

State/Fed Gov’t punishing an individual or group of people BY NAME

Civil penalty, criminal penalty

Question 36

Ex Post Facto

Answer 36

Was legal, now gov’t is retroactively making it ILLEGAL

Question 37

Contracts Clause

Answer 37

STATE cannot EXPRESSLY impairs your ability to enter into a contract.

WHEN: law is SO CLEARLY SAYING you CANNOT enter this or that kind of contract.

Question 38

State Action

Answer 38

There must always be state/gov’r action to violate the constitution