Protection of individual liberties Flashcards
14th A prevents
states from depriving ppl from life, liberty, or property
15th A prevents
federal and state govt from denying citizen right to vote b/c of race/color
Rational Basis Test, applies when:
Applied when regulations do NOT affect fundamental rights or do NOT involve suspect, quasi-suspect class
Rational Basis Test, upholds law when:
Rationally related to a legitimate govt interest
RBT burden of proof
person challenging law
Intermediate Scrutiny Test, applies when:
Applied when regulation involves quasi-suspect class
Intermediate Scrutiny Test, upheld when:
Law is substantially related to an important govt purpose and govt purpose
Intermediate Scrutiny Test burden of proof
unclear, courts usually place BOF on govt
Strict Scrutiny applies when:
Applied when regulations affect fundemental rights or involve suspect class (race, nat’l origin, alienage)
Strict Scrutiny, upholds law when:
law is necessary too achieve a compelling govt interest
** difficult to meet esp when less restrictive alternatives apply **
Strict Scrutiny BOF:
government
RBT - rationally related
IST - substantially related
SS - necessary to achieve