Con law: frequent issues

Card Set Information

Author:
mjabali
ID:
278931
Filename:
Con law: frequent issues
Updated:
2014-07-19 22:33:39
Tags:
con law
Folders:
Con Law
Description:
Individual Rights
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  1. substantive due process: fundamental rights: a state may restrict abortions if they don't place "undue burdens" on the woman's right to choose
  2. substantive due process
    - arbitrary law
    - if fundamental, violates a right of everyone
    - only protects individuals

    Dormant Commerce Clause 
  3. due process: procedural due process
  4. individual rights: ex post facto laws: Congress and state legislatures prohibited from enacting laws that have a retroactive effect via an ex post facto clause
  5. individual rights- a prohibited ex post facto law creates a new crime and applies it retroactively to conduct not criminal at the time it was commited
  6. individual rights: ex post facto laws: may not retroactively change evidence and procedure that operate to the disadvantage of the criminal defendant by making conviction easier
  7. 14th: equal protection: three standards of review:
    • strict scrutiny
    • intermediate scrutiny
    • rational basis
  8. 14th: equal protection: three standards of review: strict scrutiny: is the law necessary for a compelling state interest
    • - race and other suspect classes
    • - fundamental rights
  9. 14th: equal protection: three standards of review: intermediate scrutiny: is the law substantially related to an important government interest
    - gender
  10. 14th: equal protection: three standards of review: rational basis: is the law rationally related to a legitimate interest?
    i
  11. 14th: fundamental rights: if a law violates a fundamental right to everyone, it violates substantive due process. If it violates a fundamental right to just some, it violates equal protection
  12. takings
  13. 1st Amendment: freedom of religion
  14. 1st Amendment: freedom of expression: commercial speech: regulations of commercial speech must be "narrowly tailored" and should be no more extensive than necessary
  15. freedom of the press
  16. freedom of association

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