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MBE Con. Law II

Constitutional Law - Protection of Individual Rights

TermDefinition
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