Individual Rights Flashcards
If the Federal Government passes a law that denies ALL citizens the ability to exercise a fundamental right, the Federal Government has violated citizens’ _____________________ rights.
Substantive Due Process rights.
If the Federal Government passes a law that denies ALL citizens the ability to exercise a fundamental right, the Federal Government has violated citizens’ Substantive Due Process rights.
The __________________ protects two similarly situated individuals from being treated differently by the federal government.
The Equal Protection Clause protects two similarly situated individuals from being treated differently by the federal government.
A violation of citizens’ Privacy Rights by the Federal Government is protected against by citizens rights to _________________.
Substantive Due Process rights.
Substantive Due Process protects citizens against a violation of citizens’ Privacy Rights by the federal government.
What broad rights are protected by Substantive Due Process?
- ____________
- ____________
- ____________
What broad rights are protected by Substantive Due Process?
- Privacy Rights (think C.A.M.P.E.R.S.)
- Right to Travel
- Right to Vote
_______________________ protects citizens against federal government interference with citizens’ rights to life, liberty , or property interests, without notice and fair hearing.
Procedural Due Process protects citizens against federal government interference with citizens’ rights to life, liberty , or property interests, without notice and fair hearing.
Federal Government regulation of citizens’ free speech in a non-public forum is valid if the regulation is:
- ______________
- _____________
Federal Government regulation of citizens’ free speech in a non-public forum is valid if the regulation is:
- Viewpoint neutral
- Reasonably related to a legitimate government interest
Federal Government regulation of citizens’ free speech in a public forum is valid if the regulation is:
- ____________
- ____________
- ____________
Federal Government regulation of citizens’ free speech in a public forum is valid if the regulation is:
- Content neutral
- Narrowly tailored to serve an important government interest
- Alternative channels of communication are left open
A statute that is subject to a Free Exercise test is examined to determine if it is either?
- ______________; or
- _____________
- General Applicability
- ## Specifically TargetedIf a statute is challenged as impeding Free Exercise of religion, the statute is examined to determine if the statute is either:
- Generally applicable (then the statute is valid)
- Specifically targeted towards religious practices (then the statute is invalid)
To avoid a violation of an Establishment issue, a government act must meet the three below criteria:
- ____________
- ____________
- ____________
- Secular Purpose
- Primary effect that neither advances nor inhibits religion
- No excessive entanglement
If a government act does not meet all three criteria, the government act is a violation of the Establishment cause.
Although state classifications based on alienage are generally suspect, a state may reserve a government position for citizens if it is related to:
- ______________
- _____________
- ______________
Although state classifications based on alienage are generally suspect, a state may reserve a government position for citizens if it is related to:
- Self-governance,
- Involves policymaking, or
- Requires exercise of important discretionary power over citizens.
Traditionally, this has been applied to teachers, police officers, and similar.
Under the Privileges and Immunities Clause of Article IV, Section 2, __________.
Under the Privileges and Immunities Clause, states may not discriminate against nonresidents regarding fundamental rights.
What rights does the Fourteenth Amendment Privileges or Immunities Clause protect?
The Fourteenth Amendment Privileges or Immunities Clause protects the rights of national citizenship.
The P&I Clause of the 14th Amendment prohibits a state from denying its own citizens the rights of national citizenship.
These rights include the right to petition Congress for redress of grievances, the right to vote for federal officers, the right to enter public lands, the right to interstate travel, and any other right flowing from the distinct relation of a citizen to the United States Government.
Generally, the Privileges and Immunities Clause of Article IV, protects against discrimination by ________ against ______________________.
Generally, the Privileges and Immunities Clause of Article IV protects against discrimination by states against nonresidents, with respect to essential activities.
A state may limit non-residents from participating in essential activities, without violating the Privileges and Immunities Clause of Article IV, if the state may show……..:
A state must show:
(1) The discrimination is closely related to a substantial state purpose, and
(2) Less restrictive means are not available.
In order for a state to limit non-residents from participation in essential activities.
