Scrutiny

Question 1

State Action

Answer 1

State action must be involved to show a constitutional violation. Even seemingly private action may amount to state action when the activity is traditionally the exclusive prerogative of the state or there is sufficient entwinement between the state and private parties.

Question 2

Rational Basis Review

Answer 2

Applies to: Regulations that do not affect fundamental rights or involve suspect classifications

Standard: Rationally related to a legitimate government purpose

Burden: Challenger

Question 3

Intermediate Scrutiny

Answer 3

Applies to: Regulations that involve gender or legitimacy

Standard: Substantially related to an important government purpose

Burden: Gov

Question 4

Strict Scrutiny

Answer 4

Applies to: Regulations affecting fundamental rights or suspect classifications

Standard: Necessary to achieve a compelling government purpose

Burden: Gov

Question 5

Fundamental Rights

Answer 5

1st Amend
Interstate travel - travel state to state and be treated equally after moving to a new state
Voting
Privacy - marriage, procreation, contraception, child-rearing, reading obscene material, family living together, sexual contact with consenting adults

Whether an unenumerated right is fundamental depends on whether it is deeply rooted in the nation’s history and tradition and is essential to the concept of ordered liberty.

Question 6

Suspect Classes

Answer 6

Race
National origin
Alienage
Religion