Busy. Please wait.

show password
Forgot Password?

Don't have an account?  Sign up 

Username is available taken
show password


Make sure to remember your password. If you forget it there is no way for StudyStack to send you a reset link. You would need to create a new account.
We do not share your email address with others. It is only used to allow you to reset your password. For details read our Privacy Policy and Terms of Service.

Already a StudyStack user? Log In

Reset Password
Enter the associated with your account, and we'll email you a link to reset your password.

Remove ads
Don't know
remaining cards
To flip the current card, click it or press the Spacebar key.  To move the current card to one of the three colored boxes, click on the box.  You may also press the UP ARROW key to move the card to the "Know" box, the DOWN ARROW key to move the card to the "Don't know" box, or the RIGHT ARROW key to move the card to the Remaining box.  You may also click on the card displayed in any of the three boxes to bring that card back to the center.

Pass complete!

"Know" box contains:
Time elapsed:
restart all cards

Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.

  Normal Size     Small Size show me how

MBE Con. Law II

Constitutional Law - Protection of Individual Rights

State Action A threshold requirement of conduct by the gov't which must be satisfied before private discrimination can be restricted.
Levels of Scrutiny I -Strict Scrutiny --Burden on gov't to show the regulation is Necessary to a compelling gov't interest ---EX:Race, Alienage, National Origin -Intermediate Scrutiny --Burden on gov't to show the regulation is substantially related to an imp. govt int.
Levels of Scrutiny II ---EX:Gender, Illigitimacy -Rational Basis Scrutiny --Burden on P to show that the regulation is not rationally related to a legitimate gov't interest ---EX:Poverty, Necessities, Age, Mental Retardation, Social and Economic Welfare Measures.
Statute Neutral on its Face P must show: 1)Discriminatory effect, and 2)Discriminatory purpose -To raise the burden of persuasion above rational basis
Fundamental Right to Privacy CAMPER -C:Contraception -A:Abortion -M:Marriage -P:Procreation -E:Privare Education -R:Family Relations
Substantive Due Process A term used to classify the source from which the fundamental rights (right to vote, right to travel, right to privacy) derive.
Abortion (Casey) A state may regulate abortion provided no 'Undue burden" is placed on a woman's right to obtain an abortion
"Fundamental" Right to Vote Apply Strict Scrutiny: 1)Discrimination in voting 2)Reapportionment 3)Switching party affiliation 4)Ballot restrictions based on "special interests" (land ownership)
Non-Fundamental Voting Rights Apply Rational Basis: -The Right to be a candidate 1)Payment of a filing fee 2)Minimum and maximum age restrictions
Article IV Privileges and Immunities Prevents economic discrimination by one state against citizens or residents of another state, unless a substantial gov't interest exists.
Taking A regulation that denies the owner all reasonable economically viable use of his land.
"Public Use" Requirement -Burden on the govt to show the measure is rationally related to any conceivable purpose -To qualify as a "public purpose" the property does not have to be held out for use by the general public.
Bill of Attainder Legislative punishment of a named group or individual without judicial trial.
Procedural Due Process The procedural safeguards of notice and a hearing are available whenever there is a serious deprivation of any life, liberty or property interest.
Ex Post Facto Laws Unconstitutional criminal laws that: 1)Make criminal conduct that was not a crime when committed; or 2)Decrease the amount or evidence needed to convict/change the procedure(s) for conviction.
Created by: Gkell001