Individual Rights

Question 1

Equal Protection

Answer 1

when Government treats people differently

nothing to do with due process

Question 2

Strict Scrutiny

Answer 2

• applies to race, alienage, national origin
• government has the burden
• law is necessary to achieve a compelling interest

Question 3

Intermediate Scrutiny

Answer 3

• Gender, illegitimacy (children)
• Government has the burden
• law is substantially related to an important interest

Question 4

Rational Basis

Answer 4

• applies to everyone else
• plaintiff has the burden
• rationally related to a legitimate interest

Question 5

Due Process

Answer 5

Government regulating a right for** all people**

Question 6

Substantive Due Process

Answer 6

Government taking away/regulating a (liberty) right for** all people**

i.e. “all citizens must..”

Question 7

Fundamental Rights

Answer 7

Strict Scrutiny
1. Right to vote
2. Free Speech
3. Interstate Travel
4. (Privacy Rights)

Question 8

Non-Fundamental Rights

Answer 8

Rational Basis

i.e. Intrastate Travel

Question 9

Privacy Rights - Strict Scrutiny

Answer 9

Strict Scrutiny
* contraception
* abortion (no more)
* marriage
* procreation
* education
* raise family

If not, then rational basis

Question 10

Procedural Due Process

Answer 10

Property Rights
* government/public jobs
* licenses (i.e. law)
* public benefits (i.e. pension)

Make sure the property right is vested to the individual

Question 11

No levels of scrutiny, but

Answer 11

needs Notice and Hearing

Question 12

Equal Protection & Due Process

How to identify the correct Amedment?

Answer 12

Federal Law = 5th Amendment
State Law = 14th Amedment

Question 13

Privileges & Immunities

Answer 13

State passing law that treat **non-residents **differently from residents of the state

Don’t confuse with Equal Protection

Question 14

13th Amendment vs. 15th Amendment

Answer 14

13th Amendment:
* banned slavery
* Private individuals held liable for racial discrimination
15th Amendment:
* Racial discrimination based on voting

Question 15

Takings Clause

Answer 15

• If Government is taking private property
• for public use*
• they must pay just compensation

public use = any overall public benefit

Question 16

Inverse Condemnation

Answer 16

• When Government is near your property and doing something that
• reduces the economic benefit of your land
• and the value left is worth nothing
• Govt owes you just compensation

Question 17

Religion

Answer 17

1. Establishment Clause
2. Free Exercise Clause

Question 18

Establishment Clause

Answer 18

• Government cannot pass a law that will formally establishes or sponsors a religion
• Government needs to be neutrality
• follow History and Tradition

Always look towards the intent of the Government

Question 19

Free Exercise Clause

Answer 19

• Every citizen has the right to pratice his or her religion any way they choose
• Government must remain neutral on pratice of religion

A law neutral to religion will be constitutional even if the effect prohibits practice of a religion

Question 20

Speech

Answer 20

1. Is is content based or content neutral?

Question 21

Content-based regulation

Answer 21

• when government is stopping the message
• Strict Scrutiny

i.e. government says no to march, parade, demosntration

Question 22

Content-neutral regulation

Answer 22

• just regulating time, place and manner
• Intermediate Scrutiny - regulation furthers significant government interest and leaves open alternative means of communication

Reasonable regulation is constitutional

Question 23

Under Content-neutral regulation

Public Forum

Answer 23

• Same test (must further significant government interest and open alternative means of communication)
• Streets and Parks

Question 24

Under Content-neutral regulation

Non-Public Forum

Answer 24

• reasonably related to legitimate interest
• Billboards, Signs, Buses

Question 25

Unprotected Speech

Question 26

Obscenity

Answer 26

1. reasonable person would find the material appeals to prurient interest in sex by **objective local community standards** 2. depicts sex in a patently offensive manner 3. lacks any serious literary, artistc, political, or scientific value ## Footnote *may be viewed differently in different communities

Question 27

Fighting Words

Answer 27

* Harsh language likely to incite an average person to commit violence

Question 27

Commercial Speech

Answer 27

* Business related speech * reasonable fit to a substantial interest * narrowly tailored

Question 27

Clear & Present Danger

Answer 27

* Speech incites imminent violent action * Likely to produce violenc

Question 28

Clear & Present Danger vs. Fighting Words

Answer 28

Clear & Present Danger: Group Fighting Words: Individual

Question 29

False/Misleading Advertisement

Answer 29

* Speech that provides false/misleading information * NOT protected ## Footnote i.e. misleading commercials about weight loss vitamins

Question 30

Prior Restraint

Answer 30

* stops speech before it is published * injunctions, gag orders * govt cannot do this - NOT protected

Question 31

Unfettered Discretion

Answer 31

* when government is choosing one form of speech over another * govt cannot do this - NOT protected

Question 32

Overbraod & Vague Speech

Answer 32

* Statutes cannot be too braod or too vague * "any forms" or "all forms"

Question 33

Bill of Attainder

Answer 33

when state or federal government is punishing **named** individual or **named** group of people with criminal/civil penalties

Question 34

Ex Post Facto Laws

Answer 34

when state or federal government was making some legal conduct **retroactively** illegal ## Footnote can't go back in time

Question 35

Contracts Clause

Answer 35

State (not fed) cannot pass law that **expressly** impairs your ability to enter a contract

Question 36

State Action

Answer 36

in order for there to be any violation, it must be the state/government (i.e. state actor) acting | look out for private entities! NEVER INFER NEXUS