Individual Rights Flashcards
Procedure Requirement
Deprivation of life, liberty, or property, without procedure.
The process required will be determined by balancing the importance of the interest of the individual, the value of procedural, safe guard to the of government efficient.
Which requires at least an opportunity to present objections to the proposed action to a fair, neutral discussion maker.
Procedure Requirement
Balancing Test
1) Important interest of individual
2) the ability of additional procedures to increase accuracy of fact finder
3) the government interst.
Regulatory Taking
Gov Regulation is taking if leaves no reasonable economic viable use of the property.
Fundamental Right
Right to Travel
Laws the prevent people from moving into states must meet strict scrutiny.
- Durational residency requirements must met struct scrutiny
- Restrictions on foreign travel needs to meet only the rational basis standard.
Equal Protection
Facially Neutral
Requires:
1) Discriminatory Impact
2) Discriminatory Intent