Spring Semester - Individual Rights Flashcards
State Action (Always analyze before individual rights)
Because the Constitution generally applies only to G action, to show a constitutional violation, “State Action” must be involved. State action applies to all governments and government officials at all levels. Here…
Public Function
Activities that are traditionally under the exclusive control of the state are state action, no matter who performs them. Here,… (e.x. running a town, conducting an election, et…)
Significant Government Involvement
State action exists wherever a state affirmatively facilitates, encourages, or authorizes acts of discrimination by its citizens. Here…. (e.x. enforcing racially discriminatory covenants through the court)
Procedural Due Process - Has the G deprived a citizen of life, liberty, or property?
A fair process (notice and hearing) is required for a G agency to deprive a citizen of his life, liberty, or property(“entitlement”). Here, …
Ex. Terminating G benefits, separating children from parents, punitive damages awards, etc…
PDP - Fair Process
The type and extent of required procedures are determine by a 3 part balancing test that weighs: 1) the importance of the interest to the individual, 2) the ability of additional procedures to increase the accuracy of the fact finding, AGAINST 3) the G’s interests. Here…
PDP - Waiver
Due Process rights may be waived so long a the waiver is voluntary and made knowingly. Here,…
Substantive Due Process - Is the law arbitrary and capricious in nature?
The DPC of the 5th Amendment applies to the federal G, whereas the DPC of the 14th Amendment applies to state and local G’s. A citizen may raise a SDP claim if a law limits the liberty of ALL persons to engage in tome activity. Here,…
Fundamental Rights - Strict Scrutiny
Fundamental rights include: travel, voting, and privacy (contraception, marriage, procreation, child rearing, and familial relations). The burden is on the government to show that the law is NECESSARY TO ACHIEVE A COMPELLING GOVERNMENT PURPOSE and is NARROWLY TAILORED TO FURTHER THAT INTEREST.
Right to Vote
The right to vote is a fundamental right. Restriction on the basis of residence, age, and citizenship are invalid unless they pass strict scrutiny. Here,…
Right to Vote - Residency Requirement
Reasonable time periods of residence are valid, so long as they are under 30 days. Here,…
Right to Vote - Property Ownership
A restriction on voting based on property ownership is usually invalid. Here, …
Right to Vote - Poll Taxes
Poll taxes are unconstitutional. Here,…
Right to Travel
An individual has a fundamental right to migrate from state to state and be treated equally after moving into a new state. Here,
International travel is NOT a fundamental right, and a rational basis standard applies to all international travel regulations. Here,
Privacy
Various privacy rights including marriage, sexual relations, abortion, and childrearing are fundamental rights and are subject to strict scrutiny. here,..
Privacy_Marriage
The right to marry is a fundamental right, but only between a man and a woman. Here,
Privacy_Use of Contraceptives
A state may NOT prohibit distribution of nonmedical contraceptives to adults. Here,
Privacy_Abortion
Abortion is a fundamental right, however, its G regulation is subject to different tests depending on the viability of the fetus.
Privacy_Abortion - Pre-Viability - Undue Burden Test
The G may not prohibit abortion before the fetus is viable. However, it may regulate abortion so long as the regulation does not place an “undue burden” on the mother. Here,
Privacy_Abortion - Post-Viability
The G may prohibit abortion after the fetus is viable, unless the mother’s health is threatened. Here,
Privacy_Own Obscene Material
The right to own obscene material in one’s home (except child pornography) is a fundamental right. Here,
Privacy_Keep Family Together
Regulations that prevent family members from living together are invalid. Here,
Privacy_Rights of Parents
Parents have a fundamental right to make decisions concerning the care, custody, and control of their children. Here,
Privacy_Private Sexual Conduct
Adults have a fundamental right to private consensual sexual conduct. Here,
Non-Fundamental Rights
Non-fundamental rights are typically economic or social rights. The burden is on the challenger to show that the law is not rationally related to a legitimate government purpose. Here,
