Overview Concepts

Question 1

Current Supreme Court JusticeS

Answer 1

CJ. Roberts
J. Scalia
J. Thomas
J. Kennedy
J. Alito
J. Ginsberg
J. Sotamayor
J. Bryer
J. Kagan

Question 2

Textual Mode of Constitutional Interpretation

Answer 2

Constitution means x because it says so.

Question 3

Originalism Mode of Constitutional Interpretation

Answer 3

Original intent of when it was written

Question 4

Structural Mode of Const Interpretation

Answer 4

Constitution means x because implicit in its structure is the idea, (eg. right to privacy)

Question 5

Carolene Products Footnote 4 - Heightened Scrutiny

Answer 5

1. Legislation which appears on its face to violate an express provision of the Constitution
2. Legislation which restricts the political process and interferes with democracy, or
3. Legislation which affects discrete and insular minorities who are not protected by the political process

Question 6

Rational Basis Review (Lowest Level of Review)

Answer 6

Law will be upheld if it bears some rational basis to achieving an end in which the state has a legitimate interest

Question 7

Intermediate Scrutiny (Mid-Level of Review)

Answer 7

Applies to Gender Cases (Classification Approach)

Classifications are constitutional only if they serve IMPORTANT governmental objectives and are SUBSTANTIALLY RELATED to achievement of those objectives

Question 8

Strict Scrutiny (Highest Level of Review)

Answer 8

Applies to:

1. ) Burdens Placed on Fundamental Rights
2. ) “Suspect” classifications which curtail rights of particular groups

Upheld only if:

1) Justified by compelling state interest
2) Must be narrowly tailored to achieve that interest
3) Must be the least restrictive means for achieving the interest

Question 9

Justifications for “suspect class”

Answer 9

Immutability, history of discrimination, unable to protect themselves through the political process

Question 10

Facially Neutral Statutes

Answer 10

Is there discriminatory intent?

Yes = Strict Scrutiny
No = Rational Basis