Individual Rights (Modules 6-9) Flashcards
Bill of Rights
- The first 10 Amendments limits federal power
- but the 14th amend DP clause has applied almost all of those provisions against the states (except 5th Amend right to grand jury in criminal trials & 7th amend right to jury trial in civil case)
13th Amendment
Prohibits slavery and involuntary servitude, and under the Enforcement Clause Congress can prohibt racial discrimination by anyone
State Action Doctrine
Government action (by state or federal gov) is needed in order for Constitutional rights to be applicable
Gov action includes laws and acts of government officials in their official capacity
When State Action Can be Found in “Private” Individuals
Can be found in seemingly private individuals who:
a) perform exclusive public functions (e.g., incorporated town); or
b) have significant state involvement (state encourages/authorizes acts of discrimination);
- ex. state granting liquor license to country club that racially discriminates isn’t sig state involvement because it’s general licensing scheme
- ex. judicially enforcing racist covenant is significant involvement
Scope of Congressional Power under the 14th Amendment
Congress can adopt appropriate legislation to enforce existing 14th amend rights but can’t expand constitutional rights or make new ones
Rational Basis Scrutiny
Application: Laws that do not burden fundamental rights and/or don’t involve suspect/quasi-sus classifications
Test:
1) rationally related (i.e., not arbitrary)
2) to legit government interest
Burden of Proof: on person challenging
Intermediate Scrutiny
Application: laws that involve quasi-suspect classifications
Test:
1) substantially related
2) important government interest
Burden of Proof: on gov
Strict Scrutiny
Application: laws affecting fundamental rights or involving suspect classifications
Test:
1) necessary (least restrictive means)
2) compelling gov interest
Burden of Proof: on gov
Procedural Due Process
Provides person has a right to fair process when the gov intentionally deprives the person of life, liberty, or property
Requires:
- Notice
- Hearing
- Neutral Decisionmaker
Individual can waive their DP right if knowing and voluntary
Deprivation of Liberty and Property
Deprivation of Liberty
- occurs if a person a) loses significant freedom of action, or b) is denied a freedom provided by the Constitution or statute
Deprivation of Property
- real and personal property (tangible and intangible)
- also includes gov benefits to which there is a “rxble expectation of continued receipt”
Notice (Procedural Due Process Right)
Due process requires: notice, hearing, and neutral decisionmaker
Notice = must be reasonably calculated to inform the person of the deprivation
Hearing (Procedural Due Process Right)
Due process requires: notice, hearing, and neutral decisionmaker
a hearing MAY NOT BE REQUIRED; have to balance:
a) importance of the interest to the individual and the value of procedural safeguards for that interest
v.
b) gov interest in fiscal and administrative efficiency/risk of error if no hearing is granted
Neutral Decisionmaker (Procedural Due Process Right)
Due process requires: notice, hearing, and neutral decisionmaker
Decisionmaker cannot have any actual bias or a serious risk of actual bias
Substantive Due Process
Guarantees that laws will be reasonable and not arbitrary; applies to the fed gov via the 5th and states via the 14th
Fundamental Rights
Enumerated:
1) all 1st amendment rights
2) right to interstate travel
3) privacy-related rights
4) voting
Unenumerated:
- whether it’s fundamental depends on whether it is deeply rooted in nation’s history and essential to the concept of ordered liberty
Sub Due Process v. EPC
Substantive Due Process: law limits the rights of all people to engage in some activity
EPC: law treats a person or class of persons differently from others
Privacy-related Fundamental Rights (DOUBLECHECK THIS)
1) Sexual Relations
2) Contraception
3) Marriage
4) Extended family (living tg)
5) Parental
Right to Travel (Fundamental Right)
Fundamental right to 1) travel from state to state and 2) to be treated equally after moving into a new state
International travel is not a fundamental right
Right to Equal Treatment in a New State (Residency Requirements)
Voting: gets SS
30 days is usually compelling state interest (valid)
1 year is invalid
Divorce: gets SS
1 year is usually compelling state interest (valid)
Welfare Benefits/State-subsidized Medical Care: gets SS
1 year is invalid
Abortion
No longer a fundamental right, is left to the states to regulate
Laws regarding abortion are entitled a “strong presumption of validity” under rational basis review
Right to Vote (Fundamental Right)
Restriction on this right, on that on the basis of age/residence/citizenship are suspect and get SS
Restrictions on Right to Vote
Not Allowed
- conditioning on property ownership usually invalid
- poll taxes are unconstitutional
- cannot prohibit political parties from opening primary elections to people not registered with their party
May be Allowed
- rxble time period for residency is valid; note that Congress can override residency req’s in federal elections
- requiring voters to show ID is ok
- may require early registration to vote in primaries
Equal Protection Clause of 14th Amendment
Claim arises wheenver gov treats people different from others; is limited to State Action
Does NOT apply to the federal government (5th amendment does this instead)
Standards of Review for EPC Claims
SS - regulation on basis of suspect classification or fundamental right
IS - reg. on basis of quasi-suspect classification
RB - no suspect and doesn’t burden fundamental rights
Proving Discriminatory Classification under the EPC
Must be intent on the part of the gov to discriminate; can show intent by:
1) facially discriminatory reg (intent satisfied)
2) discriminatory application of facially neutral law
3) disparate impact on protected class from facially neutral law
- for 2 and 3, need to show some other element of gov intent to apply SS
- If it’s facially neutral, has discriminatory effect, but not intent, then it gets RB
Suspect Classifications
Race
National Origin
Alienage (at state/local level)
Suspect Classifications in Schools
Violates const
If school system attendance zones are divided in racially neutral manner then racial imbalance in schools is not a violation; but if done with racial considerations gets SS
Remedy past effects of intentional segregation is compelling
But promoting diversity in public and secondary schools is not
Affirmative Action - ????????
Alienage Classifications (Federal & State)
Federal alienage classifications do not get SS bc of Congress’s plenary power over aliens
State/local laws on alienage (i.e., citizenship status) are suspect and get SS
- note: if law discrim against alien participation in state government (elective offiice, police officers, primary/secondary school teachers, etc.) then RB is applied
Undocumented aliens and their children are not a suspect class so get RB
Quasi-Suspect Classifications
Get IS (substantially related to important gov interest)
GENDER
- Gender classifications based on stereotypes are invalid; gender classifications to remedy past discrimination more likely to be upheld
MARITAL V. NONMARITAL CLASSIFICATIONS OF CHILDREN
- distinctions drawn bt the two get IS
- regulations meant to punish nonmarital children are invalid
Nonsuspect Classifications
Get RB (legit gov interest not arbitrary)
Age, disability, wealth classifications
