Terms Flashcards

1
Q

Equal Protection Clause

A

14th amendment clause that applies to state government
No state can deny equal protection of the laws to anyone within its jurisdiction

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2
Q

Due Process Clause

A

14th amendment - No state can deprive anyone of life, liberty, or property without due process of law.

5th amendment - federal level - guarantees that people receive fair treatment under the law.

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3
Q

Romantic Paternalism

A

occurs when legislations subscribes to the belief that men were made and need to protect women
seen where laws were meant to protect women

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4
Q

State Police Powers

A
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5
Q

Suspect Classification

A

Immutable characteristics:
not relatable to one’s ability
determined at birth
history of group treatment
politically powerless group

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6
Q

Rational Basis Review

A

determines if the law is fair, reasonable and appropriate and if it is rationally or reasonably related to a legitimate government purpose
burden is on who is challenging the law

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7
Q

Intermediate Scrutiny

A

only invoked when a state or fed statue discriminates against certain protected classes
must further an important government interest and must do so by means that are substantially related to that interest
cannot be too over or under inclusive
burden is on the government

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8
Q

Strict Scrutiny

A

government must have compelling interest
narrowly tailored or least restricitve
burden is on the government

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9
Q

Current Standard Intermediate Scrutiny

A

legitimate state interest
substantially related means and interest
exceedingly persuasive reasoning

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