US Constitutional Law Flashcards

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1
Q

Procedural Due Process

A

Notice and Hearing

1) Is life, liberty, or property being taken?
2) What process is due?

Individual interest at stake; value of protecting interest; government interest in efficiency

Timing of Hearing:

Pre-depreviation - welfare benefits, “for cause” termination of employment with a property interest

Post deprevation - social security benefits

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2
Q

When is the hearing to be done when depriving someone of life, liberty or property?

A

Pre-deprevation - loss of property interest ex: welfare benefits, “for cause” termination of employment

Post-deprevation - no property interest ex: social security benefits

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3
Q

Strict Scrutiny standard for review

A

Law is necessary for a compelling government interest.

Must use least restrictive means

government bears burden of proof

Applies to : fundamental rights / suspect classification

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4
Q

Intermediate Scrutiny standard for review

A

Law is substantially related to an important government issue

Applies to sex issues, lineage

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5
Q

Rational Basis standard of review

A

Law is rationally related to a legitimate government interest

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6
Q

Enforcement Clause

A

14th Amendment

Congressional power to enforce of state action

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7
Q

Dormant Commerce Clause

A

Congress has power over interstate commerce (Commerce Clause)

States cannot discriminate against interestate commerce or unduly burden interstate commerce

Allowed IF no other means of achieving a legitimate local purpose

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8
Q

Market Participant

A

When a state is acting as a buyer or seller of goods, it is free to make decisions like any private business

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9
Q

10th Amendment

A

provides that all powers not assigned by the Constitution to the federal government are reserved to the states, or to the people.

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