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. |