TEST Focused cards Flashcards

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1
Q

FR Anlysis for essay

A
  1. Need state action to implicate/c
  2. Is the right protected in text of /c
  3. Glucksberg test– HX & Tradition, implicit in concept of ordered liberty, narrowly categorized
  4. Deviation of this by Lawrence & obergefell
  5. FR OR NO
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2
Q

FR- Inside the circle 7

A

marriage, procreation, contraceptives, travel, live with family, parental rights, sexual intimacy=SS

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3
Q

FR straddles- 2

A

abortion=undue burden

guns=I/S

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4
Q

Not inside the circle for FR 5+

A

Living with non family, assisted suicide, education, econ due process, not FR=RB

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5
Q

Equal pro analysiis for essay

A

triggers when suspect class is classifed for a special burden/benefit

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6
Q

class groups,

A

rb, rb+, I/S, ss

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7
Q

EP-RB 5

A

AGE, wealth, so/mr no animus, fed class of citizenship

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8
Q

ep rb+ 2

A

s0 mr with anumis

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9
Q

ep I/S

A

gender bastards

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10
Q

ep ss

A

race, color, no, religion, state class on US citizensh

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11
Q

RB Review test

A

LGI- rational way to remedy evil rationally realted to LGI

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12
Q

RB+ TEST

A

ick factor, court wont supply reaosn, no post hoc

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13
Q

i/s test

A

igo- law sub related to further igo

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14
Q

ss test

A

csi- nt, lrm

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15
Q

fed commerce =

A

channels, instrum, economic activuty sub impacts ic=rb

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16
Q

states commerce =

A

econ pro/facially discrim=ss; facially nuetral=pikes

17
Q

When feds act:

A

icc, 10th, n&P

18
Q

when state speaks

A
  1. Preempted?
  2. Discrim agaisnt ICC?- faciall discrim/econ pro=ss; nuetral=pikes
  3. Discrim agaisnt OOS– corp? No p&i; not a corp p &i—– if not corp– underlying act fundamental? no- no p&i, if yes, particualr source of evil, nt, no lrm
19
Q

market participant exception to

A

dcc