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MBE Con. Law II
Constitutional Law - Protection of Individual Rights
| Term | Definition |
|---|---|
| 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
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