Restrictions on Power Over Individuals Flashcards
What is an ex post facto law?
A law that retroactively changes the criminal law in a way that deprives an individual of a substantial right he previously had, for a punitive purpose
Is the Seventh Amendment right to a jury trial applicable to the states through the Fourteenth Amendment Due Process Clause?
NO
The ex post facto clause does not prevent
A procedural change making it less likely that the death sentence will be imposed
Under the Contracts Clause, if state legislation substantially impairs a party’s rights under an existing contract, it will be valid only if it serves an important and legitimate public interest and is:
A reasonable and narrowly tailored means of promoting the public interest
Is a government act that causes an injury to an individual’s reputation without a tangible loss considered a deprivation of liberty under the due process clause?
NO
To adopt a valid law under the Enabling Clause of the Fourteenth Amendment, Congress must point to a history or pattern of state violation of rights already recognized by the courts and adopt legislation that is:
Congruent and proportional to solving the violation
The Fourteenth Amendment prohibits __________ from depriving any person of life, liberty, or property without due process and equal protection of the law.
States.
Will a government regulation authorizing permanent use of private property by the general public amount to a Fifth Amendment Taking?
YES
The Fifteenth Amendment prohibits the __________ from denying the right to vote to any citizen on the basis of race.
States and the United States government
For due process purposes, a person will be deemed to have a property interest in continuation of a government benefit if the person has __________.
a legitimate claim or entitlement to the benefit
The Contracts Clause prohibits __________ from passing legislation that retroactively impairs contract rights.
States
What is a bill of attainder?
A law that imposes punishment without a judicial trial on a person or persons who are specifically named or are identified by their past conduct
Regarding a law adopted under the Enabling Clause of the Fourteenth Amendment,
The law must be at least congruent and proportional to preventing or remedying a state violation of rights already recognized by the courts
When the government takes private property for public use, the remedy is measured as
The measure of damages is the loss the owner incurs, rather than the gain the taker receives.
What Amendments apply to the states through the Due Process Clause of the Fourteenth Amendment?
The rights guaranteed by the First, Fourth, and Sixth Amendments
The Fifteenth Amendment prohibits the states and the federal government from denying the right to vote to any citizen on the basis of race, but generally it is inapplicable to
private conduct.
The importance of the individual interest, the value of specific safeguards to that interest, and the government’s interest in efficiency are factors considered when
determining the procedures required under the Due Process Clause when a person faces deprivation of a protected benefit
When the government takes private property for public use, damages usually are measured by:
The fair market value of the property at the time of the taking
If a state law retroactively impairs rights under an existing private contract what standard would the court probably apply in determining whether the legislation is valid under the Contract Clause?
The law must be reasonable and narrowly tailored to achieve an important and legitimate public interest
To find an action unconstitutional, it is generally necessary to attribute that action to the state. Business activities may be attributed to the state if __________.
The government affirmatively facilitates the activities
The Thirteenth Amendment prohibition of slavery applies to:
Both private and governmental action
A procedural due process violation is most likely to be found where:
A judge with a personal financial interest in a case refuses to recuse himself
A legislative act that imposes punishment without a judicial trial, on one or more individuals who either are specifically named or are identified by their past conduct, is called __________.
a bill of attainder
