Con Law I
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| Slaughter-House cases | Held that the fund’al rights protected in the 1st 10 amends are not “priv and immunities of national citizenship” w/in the meaning of the 14th Amend. | ||||
| Slaughter-House cases - cont. | And neither the Equal Protection, Due Process, nor Priv and Imm Clauses may be used to interfere with st control of the priv and imm of st citizenship. | ||||
| Saenz v. Roe | Held that CA statute limiting the welfare benefits of first year residents was unconstitutional under the 14th Amend Priv and Immunities clause b/c this law violated the fundamental right to travel (heightened scrutiny). | ||||
| Priv OR Immunities clause | 14th, Sect 1, state shall not abridge the priv OR immunities of US citizens. | ||||
| Strict Scrutiny | when a law affects a fundamental right, legislature must have had a compelling interest and the measures must be the least restrictive means possible to accomplish its goal. | ||||
| Enabling clause | 14th, sect 5, The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. | ||||
| 14th Amend | No State shall make or enforce any law which shall abridge the priv or immunities of citizens of the US; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jdx the equal prot |
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Created by:
Bptree
on 2011-12-05