Scrutiny Levels & Due Process Flashcards

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1
Q

Rational Basis - Test

A

Law must be rationally related to a legitimate governmental interest

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2
Q

Rational Basis - Burden of Proof

A

Laws are presumed valid under this standard

  • Burden is on the challenger to overcome this presumption by showing law is arbitrary or irrational
  • Gov’t will usually win under rational basis review
    • Unless, discrim. is based on sexual orientation
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3
Q

Rational Basis - Applicability

A

Used in all cases in which one of the higher standards doesn’t apply

  • Court gives extreme deference to the legislature’s right to define its objectives
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4
Q

Itermediate Scrutiny - Test

A

The law must be substantially related to an important governmental interest

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5
Q

Itermediate Scrutiny - Burden of Proof

A

Burden on gov’t to prove that the law in question passes intermediate scrutiny

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6
Q

Intermediate Scrutiny - Applicability

A

Used when classification is based on gender or status as nonmarital child (legitimacy)

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7
Q

Strict Scrutiny - Test

A

Law is unconst. unless it is the least restrictive means to achieve a compelling government interest.

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8
Q

Strict Scrutiny - Burden of Proof

A

Burden is on the gov’t to prove the law is nec.

  • gov’t rarely meets its burden
  • Most laws subjected to this std. of review are struck down
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9
Q

Strict Scrutiny Applicability

A

Applied if:

  1. fund. right or
  2. suspect classification
    • Race
    • Ethnicity
    • National Origin
    • Alienage (state law only)
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10
Q

Due Process Clause

A

Gov’t can’t deprive a person of life, liberty or prop. w/out due process

  • DP Clause serves 2 functions
    1. Imposes certain procedural requirements on the gov’t b/f it can deprive a person of life, liberty, or property (Procedural DP)
    2. Limits the substantive power of the gov’t to regulate certain areas of life (Substantive SP)
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11
Q

Procedural Due Process

A

Fed. & St. gov’t must follow certain procedures b/f depriving any person

  • DP clause obligates gov’t to give a person an opp. to be heard (notice & hearing)
  • only when gov’t takes an action that deprives the indiv. of life or a prop. or liberty interest that’s protected by the clause
  • Gov’t must provide a fair process b/f it can deprive a person of life, liberty, or prop.
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12
Q

The constitution protects individuals from what?

A

Gov’t action NOT privately inflicted harm

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13
Q

Procedural Due Process = Intentional or Reckless Act by Government

A

No procedural DP violation if injury was caused by gov’ts negligence

  • Emergencies = Shock the conscience std.
    • In emergency situations, there won’t be liab. unless gov’t acted with intent of causing harm to the victim
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14
Q

Procedural Due Process - Deprivation of Life

A

The interest in your life when the gov’t seeks capital punishment

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15
Q

Procedural Due Process - Deprivation of Liberty

A

Loss of a significant freedom secured by the const or statute

  • Institutionalization of Adult - Requires notice & hearing b/f inst. unless its an emerg.
  • Institutionalization of Child - Requires a screening by neutral fact finder
  • Harm to Reputation - By itself is not a deprivation of liberty
  • Prisoners - Rarely have liberty issues
    • Writ of Habeas Corpus
      • Is a separate civil suit for the release of a prisoner who has been unlawfully imprisoned
      • Brings prisoner b/f ct. & requires that the custodian present proof of authority so the court can determine if the custodian has the lawful auth. to detain the prisoner
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16
Q

Procedural Due Process - Deprivation of Property

A

Loss of an entitlement

  • A reas. expectation of cont. receipt of a benefit
  • Includes:
    • Pub. edu
    • Pub. employment if termination for cause or tenured (NOT at will)
    • Welfare Benefits
    • Drivers License
17
Q

Procedural Due Process - What Process is due?

What procedures must the gov’t follow in order to be able to deprive a person or corp. of life, liberty or property ?

A

The gov’t must give a person

  1. Adequate notice to the P AND
  2. Adequate opp. for P to be heard
18
Q

Procedural Due Process - Procedures Required

A

Ct. will apply balancing test to determine if a prior evidentiary hearing is required &, if it is, the extent of the procedural requirements for the hearing

  • Ct. will consider:
    • The importance of the int. to the indiv. deprived of DP
    • The risk of erroneous deprivation of the int. through the procedures that were used
    • The ability of additional procedures to increase the accuracy of the fact finding
    • The Gov’ts int. including the function involved & the fiscal & administrative burdens that the additional or substitute procedural requirement would entail
19
Q

Examples of Procedure Required under Procedural Due Process

A

The balancing test gives the ct. a lot of discretion so its difficult to predict on the courts rule on procedural DP cases

  • Termination of Welfare Benefits = Pre-Termination Notice & Hearing
  • Termination of Soc. Sec/Disability Benefits = Post termination notice & Hearing
  • Prejudgment attachment or gov’t seizure of assets = Preceded by Notice & Hearing, Except in exigent Circ.
    • Prop. Used in Illegal Activity can be seized even if the actual owner of the prop. is innocent
  • American Citizen detained as terrorist or enemy combatant = DP Required
  • Permanent Termination of Parental Custody = Notice & Hearing
  • Punitive Damages = Instructions to Jury & Judicial Review
    • Grossly excessive Punitive Damages = Unconst. ➞ Violate DP
  • Discipline by Public School = Notice of Charges & Opp. to explain
    • Corporal Punishment - Does not require DP
20
Q

Substantive Due Process

A

If a law limits the ability of everyone to engage in an activity, it’s a subst. DP issue.

  • Gov’t must have an adequate reas. b/f depriving a person of life, liberty, or prop.
  • Subst. DP protects economic liberties & fund. rights
21
Q

Substantive Due Process - Deprivation of Economic Liberties

A

Rational Basis Test

  • Subst. DP is violated if gov’t conduct doesn’t pass rational basis test (Means chosen are rationally related to leg. gov’t purp.)