Rights

Question 1

Procedural Due Process Limits

Answer 1

If there is a deprivation of life, liberty (significant loss of freedom) or property (reasonable expectation of entitlement) there must be a notice and opportunity to be heard

Question 2

Article IV Privileges & Immunities Clause

Answer 2

Prohibits intentional discrimination against out-of-state citizens (not corporations or aliens) of fundamental rights (civil liberties or important commercial activities); the law can be valid if there is a substantial justification with no less restrictive means

Question 3

Fourteenth Amendment Privileges & Immunities Clause

Answer 3

States cannot deny their citizens (not corporations) of privileges and immunities of natural citizenship (vote, petition for redress, interstate travel, etc.)

Question 4

Substantive Due Process Limits

Answer 4

The government bears the burden to prove that the law is necessary (least restrictive means and narrowly tailored) to satisfy a compelling government interest

Question 5

Fundamental Rights

Answer 5

CAMPER (contraceptive, abortion, marriage, privacy/procreation, education, and family relations), interstate travel, voting, privacy, and First Amendment rights

Question 6

Equal Protection Limits Based on Suspect Classifications (RAN)

Answer 6

Strict Scrutiny - the government bears the burden to show that the law is necessary to achieve (least restrictive means and narrowly tailored) a compelling government interest

Question 7

Equal Protection Limits Based on Quasi-Suspect Classification

Answer 7

Intermediate Scrutiny - the government bears the burden to show that the law is substantially related to an important government interest

Question 8

Equal Protection Limits Based on All Other Classification

Answer 8

Rational Basis - the challenger bears the burden to show that the law is not rationally related to a legitimate government interest (can be any conceivable justification)

Question 9

Intentional Discrimination

Answer 9

There must be (1) facial discrimination; or (2) a disparate impact plus a legislative motive to discriminate (is required for DCC, P&I Clauses, SDP and EP claims)

Question 10

Discrimination Based on Alienage

Answer 10

States can discriminate based on alienage using only rational basis review if based on essential self-government interests (e.g., police officers and probation officers) and the Federal Government can discriminate based on alienage using only rational basis review if related to federal immigration plenary powers