Spring Semester - Individual Rights

Question 1

State Action (Always analyze before individual rights)

Answer 1

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…

Question 2

Public Function

Answer 2

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…)

Question 3

Significant Government Involvement

Answer 3

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)

Question 4

Procedural Due Process - Has the G deprived a citizen of life, liberty, or property?

Answer 4

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…

Question 5

PDP - Fair Process

Answer 5

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…

Question 6

PDP - Waiver

Answer 6

Due Process rights may be waived so long a the waiver is voluntary and made knowingly. Here,…

Question 7

Substantive Due Process - Is the law arbitrary and capricious in nature?

Answer 7

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,…

Question 8

Fundamental Rights - Strict Scrutiny

Answer 8

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.

Question 9

Right to Vote

Answer 9

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,…

Question 10

Right to Vote - Residency Requirement

Answer 10

Reasonable time periods of residence are valid, so long as they are under 30 days. Here,…

Question 11

Right to Vote - Property Ownership

Answer 11

A restriction on voting based on property ownership is usually invalid. Here, …

Question 12

Right to Vote - Poll Taxes

Answer 12

Poll taxes are unconstitutional. Here,…

Question 13

Right to Travel

Answer 13

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,

Question 14

Privacy

Answer 14

Various privacy rights including marriage, sexual relations, abortion, and childrearing are fundamental rights and are subject to strict scrutiny. here,..

Question 15

Privacy_Marriage

Answer 15

The right to marry is a fundamental right, but only between a man and a woman. Here,

Question 16

Privacy_Use of Contraceptives

Answer 16

A state may NOT prohibit distribution of nonmedical contraceptives to adults. Here,

Question 17

Privacy_Abortion

Answer 17

Abortion is a fundamental right, however, its G regulation is subject to different tests depending on the viability of the fetus.

Question 18

Privacy_Abortion - Pre-Viability - Undue Burden Test

Answer 18

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,

Question 19

Privacy_Abortion - Post-Viability

Answer 19

The G may prohibit abortion after the fetus is viable, unless the mother’s health is threatened. Here,

Question 20

Privacy_Own Obscene Material

Answer 20

The right to own obscene material in one’s home (except child pornography) is a fundamental right. Here,

Question 21

Privacy_Keep Family Together

Answer 21

Regulations that prevent family members from living together are invalid. Here,

Question 22

Privacy_Rights of Parents

Answer 22

Parents have a fundamental right to make decisions concerning the care, custody, and control of their children. Here,

Question 23

Privacy_Private Sexual Conduct

Answer 23

Adults have a fundamental right to private consensual sexual conduct. Here,

Question 24

Non-Fundamental Rights

Answer 24

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,