Individual Rights

Question 1

Bills of attainder clauses are

Answer 1

Prohibited legislative acts that inflict civil or criminal punishment against individual persons (or groups) without a trail

Question 2

Ex post facto clauses

Answer 2

Prohibit enactment of retroactive criminal laws that:

• criminalize previously legal conduct
• impose greater punishment than previously prescribed
• eliminate previously available defenses
• decrease prosecution’s previous burden of proof.

Question 3

The gov can interfere with the first amendment freedom of association by punishing person who:

Answer 3

1. are active members of a subversive organization,
2. know of the organization’s illegal objectives,
   AND
3. specifically intend to further those objectives.

Question 4

Gerrymandering by race:

Answer 4

Race cannot be a predominant factor used to draw boundary lines for state legislative districts.

If it is, those boundaries will be subject to strict scrutiny and likely invalidated by equal protection.

However, gerrymandering can use other factors like political party.

Question 5

Rational basis scrutiny

Answer 5

the challenger has the burden to prove that the government action is not rationally related to a legitimate government interest.

This is the default test.

Question 6

Intermediate scrutiny

Answer 6

Applied to quasi-suspect class,
which include sex/gender, and the legitimacy of children

the government has the burden to prove that its action is substantially related to an important gov. interest

Question 7

Strict scrutiny

Answer 7

applies to fundamental rights or suspect classes

the government has the burden to prove that its action is necessary (ie least restrictive means) to serve a compelling gov. interest.

Question 8

Suspect classes subject to strict scrutiny

Answer 8

• etnicity
• citizenship (state law only)
• Race
• nationality

Question 9

Fundamental rights subject to strict scrutiny

Answer 9

First VIP:

• First amendment rights-
• Voting
• Interstate travel
• Privacy: family, marriage, parental rights, sexual acts, contraceptives.

Question 10

Content based speech regulations

Answer 10

Facial discrimination, where the primary purpose target message, subject or idea.

Strict scrutiny is applied.

• least restrictive means
• necessary and narrowly tailored to compelling interest.

Question 11

Content neutral speech regulation

Answer 11

regulates time, place, or manner of speech.

Intermediate scrutiny applied.

• No greater than necessary.
• narrowly tailored to substantial interest.
• alternative avenues of communication

Question 12

Under the first amend. freedom of association can the gov. force a group to accept members who would significantly burden its views ?

Answer 12

Not the gov cannot force the group to accept members, unless that interference is necessary to achieve a compelling gov. interest.

Question 13

The 1st amend prohibits the government from inquiring into a person’s associations unless:

Answer 13

that inquiry is necessary to protect a legit state interest.

Question 14

The 5th amendment

Answer 14

the source of equal protection principles which apply to the fed. gov.

Question 15

What is the state action doctrine ?

Answer 15

Private actors are considered government actors and bound by the constitution when:

1. they perform a traditional gov. function
   OR
2. the government is significantly involved in their activities - eg more than providing access to government services or facilities

Question 16

Content based speech restrictions must pass strict scrutiny, this requires proof that:

Answer 16

The regulation is necessary and narrowly tailored to achieve a compelling gov. interest.

Question 17

When can the government regulate private speech by a public employee?

Answer 17

If the government’s legitimate interest in efficient government function outweighs the employee’s right to free speech

Question 18

Can a public university compel it’s students to pay an activity fee?

Answer 18

Yes, if the funds are allocated in a view-point neutral manner.

Question 19

Const. claims must typically be asserted against government entities not -

Answer 19

private actors, except under the state action doctrine.

Question 20

What is the state action doctrine ?

Answer 20

A private actor can be treated as a gov. entity and similarly bound by the const. when the gov. is pervasively intertwined in the control or management of the private actor.

IE: a private school that is accredited, licensed, curriculum, and funding from state.

Question 21

Procedural due process is assessed by weighing three factors:

Answer 21

1. the private interest affected,
2. the risk of erroneous deprivation of that interest and probable value of other procedural safeguards
   AND
3. the govs. interest, including the fiscal and administrative burdens that other safeguards entail.

Question 22

Sever (discriminatory) electoral regulations are subject to:

Answer 22

Strict Scrutiny,

IE: poll tax,
disallowing third party candidates
property ownership requirement

Question 23

Ordinary (nondiscriminatory) electoral regulations are subject to:

Answer 23

Rational basis test.

IE: voter registration
photo ID requirements
Disallowing write-in voting

Question 24

First amendment exercise of religon

Answer 24

define, incidental v. direct burden

Question 25

Heightened equal protection review is appropriate when a law intentionally discriminates when?

Answer 25

On its face, in its application or in its motive, against a quasi-suspect or suspect class.

The law must intentionally discriminate, if not then it is a rational basis review.

IE: the babysitter registration law

Question 26

Establishment clause challenges are review under what test?

Answer 26

The historical test: which upholds gov, actions that have historically been permitted in accordance with the original meaning of the constitution.

Question 27

Constitutional voting protection amendments

Answer 27

14th- prohibits substantial impairment of voting rights

15th - prohibits denial or abridgment of voting rights based on race, color, or previous servitude.

19th- prohibits denial or abridgment of voting rights based on sex.

Question 28

Is school sponsored prayer in public school allowed?

Answer 28

No, under the coercion test, it violates the establishment clause even when participation is voluntary.