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10 Cards in this Set
- Front
- Back
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What is the rule for a due process claim under the Due Process Clause?
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The Fourteenth Amendment to the U.S. Constitution provides that a state may not deprive a person of life, liberty or property without due process of law. Due process has two components: procedural DP and substantive DP. Procedural DP guarantees that a person's life, liberty, or property SHALL not be taken without adequate procedures. Substantive DP requires that the govt's deprivation of a person's life, liberty or property be justified by a sufficient purpose.
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When is there a deprivation of property under procedural due process (Due Process Clause)?
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When there is an ENTITLEMENT to the interest (i.e. education if attendance required, welfare if previously determined to have met criteria, employement if a statute or mutual understanding that employee can only be terminated for cause).
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Give the levels of scrutiny in constitutional law, the means and ends of each.
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Strict scrutiny-necessary for compelling govt interest; intermediate scrutiny-substantially related to an important govt interest; rational basis-rationally related to a legit govt interest.
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Under the Due Process Clause, what are the rights that are considered fundamental?
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travel, privacy, voting and First Amendment rights
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Which constitutional amendment holds the Due Process Clause and the Equal Protection Clause?
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Fourteenth Amendment
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Strict Scrutiny
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Necessary to a compelling government interest
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Intermediate Scrutiny
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Substantially related to an important government interest.
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Rational Basis
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Rationally related to a legitimate government interest.
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Is it a First Amendment violation to terminate a government employee for speech made while on the job?
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NO
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Is a college newspaper printed as part of a journalism class and supported by student activity fees and avertisements sold to local businesses a public forum for First Amendment analysis?
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Probably not, because it was part of the class curriculum. It would be a nonpublic forum probably.
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