Individual Rights

Question 1

Equal Protection

Answer 1

State is treating people differently

singling people out doesnt mean discrimination.

Some people a group or class, they are being treated differently than everyone else

Question 2

Due Process

Answer 2

2 Types
Procedural and Substantive

Question 3

Substantive Due Proccess

Answer 3

Taking away or regulating a right for all people.

fundamental right = we apply strict scrutiny.

Non fundamental right= rational basis
Liberty rights.

Question 4

Fundamental rights

Answer 4

RTF and CAMPER

o Right to vote
o Free speech
o Travel interstate
(leave the state go to another)

o Privacy rights (CAMPER)
 C- Contraception
 A- Abortion
*Undue burden test- This no longer fundamental right.
 M- Marriage
 P- Procreation
 E- Education (private)
*Have rt to give ur child private education
* Public education non fundamental
 R- Raise your family any way you want

Question 5

Procedural Due Proces

Answer 5

Property Rights:

Notice and a hearing.

Governmental jobs, professional licenses, and public benefits

Make sure property right is vested- not on probation

Question 6

14th amendment and 5th amendment

Answer 6

State= 14th equal protection or due process

Federal/ Congress = 5th treat people differently

Question 7

Privileges and Immunities

Answer 7

Residents vs non residents

*If a state pass a law which discriminates against person because they not a resident (treat non residents diff).

Question 8

13th vs 15th amendment

Answer 8

13- bans slavery
- private people can be prosecuted for racial discrimination

15th- voting and race
-trying to stop or make it difficult for people to vote based on their race.

Question 9

Takings clause

Answer 9

• The government shall not take private property for public use unless they pay just compensation (FMV).

Question 10

Takings Clause- Public Use

Answer 10

Taking private property for public use

even if priv indiv owns the proj or land as long as effect public overall jobs economy taxes overall greater good then its for pub use even if priv indiv owns it.

Question 11

Inverse Condemnation

Answer 11

ur prop is condemned. They doing sum that denies u the economic benefit of ur land- now so basically a taking.

What doin is now gonna destroy economic benefit of my land, its worthless.

Question 12

Lemon Test and New Test

Answer 12

oLemon test: to determ if what gov does violates establishment clause
1. The law has to have a secular purpose (non religious)
2. It may not advance or inhibit religion.
3. There shall be no excessive entanglement with religion: usually money

New Test:
Stay neutral as to religion not prefer one over the other.

Question 12

Establishment Clause

Answer 12

Gov cnt pass any law which seems to establish a religion.

• Cnt b preference for 1 religion over another

Question 13

Free Exercise Clause

Answer 13

Every citizen has the right to practice his or her religion any way they choose.

The gov must remain neutral as to how we practice our religion.

• cant do anything to stop you from exercising you relgion

-If rule on face neutral but effect prevent me practicing religion, then its not a violation

-A law neutral to religion will be constitutional even if the effect prohibits religion.

Question 14

Speech- Content Based

Answer 14

When the gov is trying to stop the message from getting out. Basing regulation on the content.

-Triggers Strict Scrutiny

Question 15

Speech- Content Neutral

Answer 15

U can say and do what ever u want gov is just regulating where, when, and how u say it: time, place and manner regulation (as long as its reasonable). That will gen be constitutional if it furthers a significant gov interest and leaves open alternative means of communication.

• Looking for something that talks about intermediate never strict or rational

Question 16

Public Forum

Answer 16

Conduct occurring on streets and parks:

furthers a significant gov interest leaves open alternative forms of communication

Question 17

Non Public Forum

Answer 17

On billboard, busses, Signs. Looking for where the regulation has to be reasonably related to a legitimate interest.

Question 18

Unprotected Speech

Answer 18

1. Obscenity
   -An Objective person applying local community standard finds that the work/ pic appeals to the prurient interest in sex
   - Work depicts sex in a **patiently offensive manner
   - The work lacks any serious literary artistic political or scientific value
2. Clear and Present Danger
   -Speech that incites imminent and violent action likely to product such action
   - based on group
3. Fighting Words
   - Harsh words likely to incite an average person to commit violence
   - based on individual
4. Commercial Speech
   -you can regulate commercial speech (business) if there is a reasonable fit to a substantial gov interest and its narrowly tailored

5.False and Misleading information
-Not allowed- Gov can stop in and shut u down

6. Prior Restraint
   The government cannot stop speech before its ever published/ gets out
7. Unfettered Discretion
   -a gov official cannot choose 1 form of speech or another or allow 1 form of speech or another. If they gonna allow 1 they must allow all.
8. Overbroad
   - unconstitutional
9. Vague
   - usually see the words any, all

Question 19

Bill of attander

Answer 19

Law that punished an indiv or a group of ppl. On its face punishing an indiv or named group of ppl. Fed or state gov cannot do this

a. When see named person or group is being punished .

Question 20

Ex post Facto

Answer 20

A law retro actively makes something illegal

When a law makes something criminal that previously wasn’t criminal.

-retroactively makes it illegal- going back in time.

Question 21

Contract Clause

Answer 21

The state cannot pass a law which would impair ur ability to enter into a contract.

Question 22

State Action

Answer 22

who ever doing the activity must be a state actor.

Question 23

Strict Scrutiny

Answer 23

Race, Alienage, Nationality (RAN)

-Government has burden to show it is necessary and compelling.

Question 24

Intermediate Scrutiny

Answer 24

Illegitimacy and gender

Government has burden to show law is substantially related to an important interest

Question 25

Rational Basis

Answer 25

Everything else

Plaintiff has burden to show law is not rationally related to a legitimate interest.