Individual Rights

Question 1

State Action (Always analyze BEFORE raising ind rights)

Answer 1

Because the Constitution generally applies only to G action, to show a constitutional violation “State action” must be involved. State action applies to all governments and government officials at all levels. Here,

Question 2

Public Function

Answer 2

Activities that are traditionally under the exclusive control of the state are state action no matter who performs them. Here, (e.x. running a town, conducting an election, etc…)

Question 3

Significant Gov Involvement

Answer 3

State action exists wherever a state affirmatively facilitates, encourages, or authorizes acts of discrimination by its citizens. Here,
(e.x. enforcing racially discriminatory covenants through the court)

Question 4

Procedural Due Process - Has G deprived a citizen of life, liberty, or property?

Answer 4

A fair process (notice and a hearing) is required for a G agency to deprive a citizen of his life, liberty, or property (“entitlement”). Here,

(ex. Terminating G benefits, separating child from parents, punitive damages awards, etc..)

Question 5

Fair Process

Answer 5

The type and extent of required procedures are determined by a 3 part balancing test that weighs: 1) the importance of the interest to the individual, 2) the ability of additional procedures to increase the accuracy of the fact finding AGAINST 3) the G’s interests. Here,

Question 6

Waiver

Answer 6

Due Process rights may be waived so long as the waiver is voluntarily and made knowingly. Here,

Question 7

Substantive Due Process - Is the law arbitrary and capricious?

Answer 7

The DPC of the 5th A applies to the federal G, whereas the DPC of the 14th A applies to state and local Gs. A citizen may raise a SDP claim if a law limits the liberty of ALL persons to engage in some activity. Here,

Question 8

Fundamental Rights - Strict Scrutiny

Answer 8

Fundamental rights include: travel, voting, and privacy (contraception, marriage, procreation, child rearing, and familial relations). The burden is on the Government to show that the law is NECESSARY to achieve a COMPELLING government purpose. Here,

Question 9

Right to Vote

Answer 9

The right to vote is a fundamental right. Restrictions on the basis of residence, age, and citizenship are invalid unless they can pass SS. Here,

Question 10

Residency Requirement

Answer 10

Reasonable time periods of residence are valid, so long as they are under 30 days. here,

Question 11

Property Ownership

Answer 11

A restriction based on property ownership is usually invalid. Here,

Question 12

Poll Taxes

Answer 12

Poll taxes are unconstitutional. Here,

Question 13

Right to Travel

Answer 13

An individual has a fundamental right to migrate from state to state and be treated equally after moving into a new state. Here,

International travel is NOT a fundamental right, and a rational basis standard applies to all international travel regulations. Here,

Question 14

Privacy

Answer 14

Various privacy rights including marriage, sexual relations, abortion, and childbearing are fundamental rights and are subject to SS. Here,

Question 15

Marriage

Answer 15

The right to marry is a fundamental right, but only between a man and a woman. Here,

Question 16

Use of Contraceptives

Answer 16

A state may NOT prohibit distribution of nonmedical contraceptives to adults. Here,

Question 17

Abortion

Answer 17

Abortion is a fundamental right, however, it is G regulated and G regulation is subject to different tests depending on the viability of the fetus.

Question 18

Pre-Viability

Answer 18

The G may not prohibit abortion before the fetus is viable. However, it may regulate abortion so long as the regulation does not place an undue burden on the mother. Here,

Question 19

Post-Viability

Answer 19

The G may prohibit abortion after the fetus is viable unless the mother’s health is threatened. Here,

Question 20

Own Obscene Material

Answer 20

The right to own obscene material in one’s home (except child pornography) is a fundamental right. Here,

Question 21

Keep Family Together

Answer 21

Regulations that prevent family members from living together are invalid. Here,

Question 22

Rights of Parents

Answer 22

Parents have a fundamental right to make decisions concerning the care, custody, and control of their children. Here,

Question 23

Private Sexual Conduct

Answer 23

Adults have a fundamental right to private consensual sexual conduct. Here,

Question 24

Non-Fundamental Rights - Rational Basis

Answer 24

Non-fundamental rights are typically economic or social rights. The burden is on the challenger to show that the law is not RATIONALLY RELATED to a LEGITIMATE government purpose. Here,