Individual Rights

Question 0

When does Due Process Clause come into play?

Answer 0

The Due Process Clause prohibits arbitrary governmental action, and comes into play where a law limits the liberty of all persons to engage in some activity.

Question 1

When does Equal Protection of the 14th Amendment applies?

Answer 1

The 14th Amendment Equal Protection Clause has been interpreted by SCOTUS as prohibiting state dilution of the right to vote by malapportionment of electoral districts. Equal Protection of the 14th Amendment applies when states are in action, and the law limits the rights of some people, but not all.

Question 2

When does Equal Protection applies?

Answer 2

Equal Protections Clause applies to state action. It can also apply to private actions if those actions constitute state action where the private actor is performing an exclusive state function or the government is significantly involved in the private actor’s activity. Note: merely granting land to an entity that then decides to adopt a discriminatory policy does not constitute the necessary affirmative action.

Question 3

“One Person, One Vote” Principle

Answer 3

The Equal Protection Clause prohibits state dilution of the right to vote, so that when a governmental body establishes voting districts for the election of representatives, the number of persons in each district may not vary significantly.

Question 4

INTERMEDIATE SCRUTINY

Answer 4

SCOTUS will strike down classification unless government offers an exceedingly persuasive justification that the classification is substantially related to an important government interest.
–> Used for quasi-suspect classes: gender; illegitimacy.