Conlaw Rules 7

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Author:
woof686
ID:
26538
Filename:
Conlaw Rules 7
Updated:
2010-07-12 22:28:34
Tags:
Due Process
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Description:
Due Process
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  1. Procedural due process
    Ask:

    • Is the threatened interest a protected one (life, liberty, property)?
    • If so, what process is due?


    Determining what type of process is due, ask:

    • What is the private interest affected?
    • What is the risk of erroneous deprivation and value of additional or substitute safeguards?
    • What is the burden in providing additional process?
  2. Substantive due process: Strict scruity
    For fundamental rights

    Asks whether it is the least restrictive means to achieve a compelling government interest.

    Law should be neither over-inclusive nor under-inclusive.

    Government must show that the law is necessary
  3. Substantive due process: intermediate scrutiny
    Substantially related to important government interest.

    For equal protection review
  4. Substantive due process: rational basis
    Rationally related to a legitimate state interest

    Challenger must establish that the law is arbitrary or irrational
  5. Fundamental rights
    • Interstate travel
    • Right to vote
    • Right to ballot access
    • Privacy (marriage, contraception, sex, abortion, parental rights, family relations, obscene material, bodily integrity)

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