The Structure of the Constitutional Protection of Individual Liberties.

Question 1

Level of Scrutiny

INTERMEDIATE

Answer 1

Quasi-Suspect Classification

• SUBSTANTIALLY related to an IMPORTANT government Interest.

Question 2

Level of Scrutiny

STRICT SCRUTINY

Answer 2

NECESSARY to achieve a COMPELLING government purpose.

• Burden: Government

Means: Necessary to show Compelling Government, and now least restrictive means available.

Use: Suspect Class, Fundamental rights.

Question 3

Level of Scrutiny

RATIONAL BASIS

Answer 3

RATIONALLY related to a LEGITIMATE government interest.

Burden: Plaintiff

Question 4

Substantive Due Process (Fundamental Right)

Right to Vote

Answer 4

State dilution of the right to vote, so that when a government body establishes voting districts for the election of Representatives, the # of persons in each district may not vary significantly

• this is known as the principal of 1 person 1 vote. This principal applies to almost every election where a person is being elected to perform notmal government functions.
• However, the principal of one person, one vote generally is inappropriate where there is an at large system election.