Con Law Individual Rights

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Con Law Individual Rights
2013-02-24 21:34:15
Con Law Individual Rights

Con Law Individual Rights
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  1. Individual Rights Outline
    • 1. State Action
    • 2. Levels of Scrutiny
    • 3. Due Process
    • 4. Equal Protection
    • 5. 1st Amendment
  2. 2. Levels of Scrutiny
    • Rational Basis: reasonably related to a legitimate gov't purpose (challenger burden)
    • Intermediate Scrutiny: substantially related to an important gov't purpose (gov't burden)
    • Strict Scrutiny: necessary to achieve a compelling gov't purpose (gov't burden)
  3. 3. Due Process
    • Procedural Due Process (5th and 14th)
    • - individuals are protected from intentional deprivation of life, liberty, or property w/o notice and hearing
    • - Balancing test: importance of interest to individual, ability of additional procedures to increase accuracy of fact finding, gov't interest in efficiency
    • Substantive Due Process (14th)
    • - Economic liberties (RB): contracts clause, takings clause
    • - Privacy (SS): CAMPER PC: contraception, abortion, marriage, procreation, education, relations of family, parental rights, consensual homosexual activity
    • - Interstate Travel (SS): 50 day residency ok for vote
    • - Vote (SS)
  4. 4. Equal Protection
    • 5th and 14th
    • Determine existence of discriminatory classification: facial or discriminatory impact and purpose
    • Identify classification
    • - suspect (SS): race, alienage
    • - quasi-suspect (IS): gender, legitimacy
    • - non-suspect (RB): age, disability, wealth, sexual orientation
    • Determine whether law meets level of scrutiny
  5. 5. First Amendment
    • Freedom of Speech
    • - Facial attacks: prior restraint, unfettered discretion, vague, or overbroad
    • - Content Based (SS)
    • -- narrowly tailored to meet compelling gov't interest
    • -- except violent, obscene (prurient, patently offensive, lacks literary artistic or social value to national RP), defamatory, unlawful activity
    • - Content Neutral (IS)┬áTime, Place, Manner
    • -- Public forum: content neutral, narrowly tailored to serve important gov't interest, with alternate channels available
    • -- Nonpublic forum: viewpoint neutral, reasonably related to legitimate gov't purpose
    • -- Private property: no 1st Amd right
    • Freedom of Association
    • Freedom of Religion
    • - Sect preference must meet SS
    • - No sect preference must meet Lemon Test: secular purpose, neither advances nor inhibits religion, no excessive gov't entanglement