Rights

Question 1

How is government interfering with individual rights?

Answer 1

1. EPC
2. Due Process
3. Takings Clause
4. 1st Amendment

Question 2

EPC framework

Answer 2

How is Gov. interfering with claimants rights?

Treating similarly situated people differently.

Classification.

Standard of scrutiny

Question 3

Gender or illegitimacy

Answer 3

Intermediate scrutiny: government must show discrimination substantially related to important government interest

Question 4

Intermediate scrutiny

Answer 4

government must show discrimination substantially related to important government interest

+ discriminatory intent

Question 5

Strict scrutiny

Answer 5

government must show discrimination is necessary to achieve compelling government interest

+ discriminatory intent

Question 6

Rational basis

Answer 6

Claimant must show discrimination is not rationally related to legitimate government interest

Question 7

Fundamental Rights

Answer 7

Privacy

• contraception
• abortion
• marriage
• procreation
• education, private
• relations, family
• sexual contact

Right to travel

Right to vote

Question 8

14th v. 5th due process clauses

Answer 8

14th Due Process Clause only restricts states.

5th amendment protects indivisas against unreasonable discrimination by the federal government

Question 9

Substantive Due Process (Generally)

Answer 9

Government interference with individual’s fundamental rights.

Question 10

Procedural Due Process (Generally)

Answer 10

Government interferes by denying life, liberty, or property interest without notice and fair hearing.