Individual Rights (Modules 6-9)

Question 1

Bill of Rights

Answer 1

• 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)

Question 2

13th Amendment

Answer 2

Prohibits slavery and involuntary servitude, and under the Enforcement Clause Congress can prohibt racial discrimination by anyone

Question 3

State Action Doctrine

Answer 3

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

Question 4

When State Action Can be Found in “Private” Individuals

Answer 4

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

Question 5

Scope of Congressional Power under the 14th Amendment

Answer 5

Congress can adopt appropriate legislation to enforce existing 14th amend rights but can’t expand constitutional rights or make new ones

Question 6

Rational Basis Scrutiny

Answer 6

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

Question 7

Intermediate Scrutiny

Answer 7

Application: laws that involve quasi-suspect classifications

Test:
1) substantially related
2) important government interest

Burden of Proof: on gov

Question 8

Strict Scrutiny

Answer 8

Application: laws affecting fundamental rights or involving suspect classifications

Test:
1) necessary (least restrictive means)
2) compelling gov interest

Burden of Proof: on gov

Question 9

Procedural Due Process

Answer 9

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

Question 10

Deprivation of Liberty and Property

Answer 10

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”

Question 11

Notice (Procedural Due Process Right)

Answer 11

Due process requires: notice, hearing, and neutral decisionmaker

Notice = must be reasonably calculated to inform the person of the deprivation

Question 12

Hearing (Procedural Due Process Right)

Answer 12

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

Question 13

Neutral Decisionmaker (Procedural Due Process Right)

Answer 13

Due process requires: notice, hearing, and neutral decisionmaker

Decisionmaker cannot have any actual bias or a serious risk of actual bias

Question 14

Substantive Due Process

Answer 14

Guarantees that laws will be reasonable and not arbitrary; applies to the fed gov via the 5th and states via the 14th

Question 15

Fundamental Rights

Answer 15

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

Question 16

Sub Due Process v. EPC

Answer 16

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

Question 17

Privacy-related Fundamental Rights (DOUBLECHECK THIS)

Answer 17

1) Sexual Relations
2) Contraception
3) Marriage
4) Extended family (living tg)
5) Parental

Question 18

Right to Travel (Fundamental Right)

Answer 18

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

Question 19

Right to Equal Treatment in a New State (Residency Requirements)

Answer 19

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

Question 20

Abortion

Answer 20

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

Question 21

Right to Vote (Fundamental Right)

Answer 21

Restriction on this right, on that on the basis of age/residence/citizenship are suspect and get SS

Question 22

Restrictions on Right to Vote

Answer 22

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

Question 23

Equal Protection Clause of 14th Amendment

Answer 23

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)

Question 24

Standards of Review for EPC Claims

Answer 24

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

Question 25

Proving Discriminatory Classification under the EPC

Answer 25

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

Question 26

Suspect Classifications

Answer 26

Race
National Origin
Alienage (at state/local level)

Question 27

Suspect Classifications in Schools

Answer 27

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 - ????????

Question 28

Alienage Classifications (Federal & State)

Answer 28

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

Question 29

Quasi-Suspect Classifications

Answer 29

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

Question 30

Nonsuspect Classifications

Answer 30

Get RB (legit gov interest not arbitrary)

Age, disability, wealth classifications