Individual Rights Flashcards
Equal Protection
The equal protection clause of 14th Amendment prevents a state from treating similarly situated persons differently.
Equal Protection - Discriminatory Purpose
A facially neutral law that just so happens to have a discriminatory effect on a certain group of people does NOT violate the equal protection clause. In order for a law that is neutral on its face to violate equal protection, the person challenging the law must prove that it was enacted for a discriminatory purpose.
Equal Protection - Rational Basis
If a law involves a classification that relates only to matters of economic or social welfare, the law should be upheld so long as the classification is rationally related to a legitimate state interest.
1) The P bears the heavy burden under rational basis review. Essentially, the P must show that the law is totally arbitrary and irrational. This is an extremely difficult burden to meet.
Equal Protection - Gender (Intermediate Scrutiny)
The court will employ an “intermediate” standard of review if the classification is based upon gender or illegitimacy. This means the court will uphold the law only if the government can show that the classification is substantially related to an important government interest. The government must demonstrate an exceedingly persuasive justification for the different treatment of men and women.
Equal Protection - Fundamental Right (Strict Scrutiny)
When a law burdens a fundamental right or classifies persons based on race or national origin the law will be subject to strict scrutiny which means the government must prove that the law is narrowly tailored to a compelling state interest. This is very high burden and most laws that receive strict judicial scrutiny fail.
1) Each of the guarantees of the 1st Amendment has been held to be a fundamental right. Whenever a state law impermissibly burdens the exercise of one of those rights there is a violation of both the 14th and 1st Amendment.
ESSAY TIP
Whenever you are asked to discuss the constitutionality of a law, balance the burden to the person challenging the law against the benefit to the government. Thus “burden/benefit” analysis works for every major topic in Constitutional law.
Privilege and Immunity Clause of Article IV
The privileges and immunities clause of Article IV protects the privileges of state citizenship and assures that states do NOT discriminate against non-residents when “temporarily” present in the state. The clause only protects fundamental rights and commercial activities.
1) The privileges and immunities of Article IV only protects the right to engage in commercial activities and earn a livelihood as well as all fundamental rights secured by the 1st Amendment, the equal protections clause, and the due process clause.
2) Non-residents may be treated differently from local residents if the state can show that non-residents constitute a peculiar source of the evil at which the statute is aimed. Thus, the clause allows discrimination against citizens of other states where there is a substantial reason for the difference in treatment.
3) The main point of the clause is simple, it guarantees citizens of State A, the privilege of doing business in State B on terms of substantial equality with the citizens of State B.
4) Finally, the privileges and immunities clause does NOT apply to corporations or aliens because they are NOT citizens for the purpose of the clause.
Substantive Due Process
A substantive due process argument is properly made when a law restricts the freedom of all persons. A court will review the underlying substance of the rule to determine whether it violates the Constitution. If the law affects economics or social welfare, the court will apply the very deferential rational basis review. But if the law affects a fundamental right, it will be strictly scrutinized.
1) Fundamental rights include the right to privacy, the right to travel, the right to vote, and all 1st Amendment rights.
2) Right to Privacy: The right to privacy is a fundamental right which includes the right to have an abortion, the right to choose whom to marry, the right to live with related family members, the right to use birth control, and the right of parents to raise and educate their children.
Procedural Due Process
Under the due process clause of the 14th Amendment, the government may NOT take away one’s life, liberty, or property without notice of an opportunity to be heard. The purpose of procedural due process is to provide procedural safeguards against arbitrary deprivations.
1) Whether a person has a recognizable constitutional right to entitlement is the most important aspect of procedural due process. Therefore, the must prove that she has acquired a liberty or “property interest” in some government benefit or entitlement. No process is required for government actions which do NOT deprive an individual of one of those interests.
2) The court uses a two-step analysis in determining whether procedural due process has been denied. It 1st determines what types of process is due. Generally, the individual has the right to notice and some form of hearing on her claim.
Procedural Due Process - Property Interest
Property includes more than just personal and real property. It includes intangible benefits as well. In order for a person to claim a property right there must be a legitimate entitlement to a government benefit. Thus, it is important to distinguish between property entitlements as opposed to unprotected interests as “mere expectations.”
Procedural Due Process - Liberty Interest
The concept of “liberty” encompasses the right to be free from bodily restraint (imprisonment, commitment to a mental health facility) and the ability to exercise fundamental constitutional rights. If the government denies a person the ability to exercise her right to free speech, the restraint would constitute a clear deprivation of liberty.
Procedural Due Process - Liberty Interests - Access to Courts
An indigent’s access to the courts constitutes a liberty interest for purposes of procedural due process. A state may NOT impose filing fees upon an indigent when to do so would constitute the deprivation of a fundamental right. Thus, an indigent must be given free access to the court when attempting to exercise a fundamental right.
Procedural Due Process - Type of Process Due
In determining the type of process that must be provided to an individual in connection with a government termination of a liberty or property interest, the court considers three factors: 1) the importance of the individual’s interest 2) the likelihood that more formalized procedures would avoid erroneous decisions by the government AND 3) the government’s interest in efficiency and cost.
Takings
Under the 5th Amendment, the government may take private property for public use provided just compensation is paid. There are 3 types of takings: 1) a permanent physical occupation, 2) a total regulatory taking which leaves no economically viable use of the property AND 3) a partial regulatory taking.
Takings - Permanent Physical Occupation - Per Se Taking
The clearest sort of taking occurs when the government occupies private property for its own use. Thus, any permanent physical invasion by the government is a taking, no matter how small. The rationale is that when the government occupies real property, it effectively destroys the owner’s rights to possess, use, and dispose of the property.
