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28 Cards in this Set
- Front
- Back
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RATIONAL BASIS:
What is the standard? Who bears the burden? |
RATIONALLY related to a LEGITIMATE govt purpose
BURDEN: Challenger |
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INTERMEDIATE SCRUTINY:
What is the standard? Who bears the burden? |
SUBSTANTIALLY related to a IMPORTANT govt purpose
BURDEN: Govt |
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STRICT SCRUTINY:
What is the standard? Who bears the burden? |
NECESSARY to achieve a COMPELLING govt purpose
BURDEN: Govt |
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UNDUE BURDEN:
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States may not prohibit abortions pre-viability nor place an undue burden on a woman's ability to obtain an abortion.
Applies to abortions done prior to viability only. |
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TAKINGS CLAUSE TEST:
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(1) Is there a taking?
(2) Is it for public use? (3) Was just compensation paid? (in a regulatory taking, govt may remove regulation vs. pay compensation) |
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CONTRACTS CLAUSE TEST:
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REASONABLY &
NARROWLY TAILORED means of promoting an IMPORTANT & LEGITIMATE public interest |
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TIME, PLACE, MANNER SPEECH RESTRICTIONS:
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Leaves open ADEQUATE ALTERNATIVE places for communication & serves IMPORTANT govt purpose
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DORMANT COMMERCE CLAUSE (law discriminate against out-of-staters)
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NECESSARY to achieve an IMPORTANT govt purpose
NO LESS DISCRETIONARY ALT AVAILABLE! |
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DORMANT COMMERCE CLAUSE (law does NOT discriminate against out-of-staters):
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Benefit to state must > burden to interstate commerce
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PRIV & IMMUNITIES of ART IV (law discriminates against out-of-staters):
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NECESSARY to achieve and IMPORTANT govt purposes
*only if discriminates re: ability to earn a living |
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PRIV & IMMUNITIES of ART IV (law does NOT discriminate against out-of-staters):
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SUBSTANTIAL JUSTIFICATION
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WHAT SCRUTINY APPLIES TO...right to practice a trade or profession?
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As with most economic rights, RATIONAL BASIS
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WHAT SCRUTINY APPLIES TO...right to physician assisted suicide?
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RATIONAL BASIS
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WHAT SCRUTINY APPLIES TO...legitimacy discrimination?
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INTERMEDIATE SCRUTINY
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WHAT SCRUTINY APPLIES TO...right to vote?
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STRICT SCRUTINY
(but mere residential requirements -> rational basis) |
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WHAT SCRUTINY APPLIES TO...prior restraints?
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STRICT SCRUTINY
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WHAT SCRUTINY APPLIES TO...speech restrictions in non-public forums?
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RATIONAL BASIS
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WHAT SCRUTINY APPLIES TO...content or subject matter based speech?
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STRICT SCRUTINY
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WHAT SCRUTINY APPLIES TO...free exercise of religion?
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STRICT SCRUTINY unless a neutral law of general application
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WHAT SCRUTINY APPLIES TO...abortion (pre-viability)?
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UNDUE BURDEN
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WHAT SCRUTINY APPLIES TO...abortion (post-viability)?
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MAY PROHIBIT unless
NECESSARY to protect a woman's life. |
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WHAT SCRUTINY APPLIES TO...content-neutral speech regulation?
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INTERMEDIATE
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DUE PROCESS TEST:
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Balance interest of individual & govt AND ability of additional procedures to increase accurracy.
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WHAT SCRUTINY APPLIES TO...discrimination on the basis of alienage?
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STATE -> strict
CONGRESS -> rational basis |
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WHAT SCRUTINY APPLIES TO...licenses (e.g. for a parade)?
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IMPORTANT REASON for licensing
CLEAR CRITERIA w/ almost no discretion PROCEDURAL SAFEGUARDS |
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WHAT SCRUTINY APPLIES TO...commercial speech?
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INTERMEDIATE SCRUTINY
(but no protection if risks deception, even if true) |
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WHAT SCRUTINY APPLIES TO...laws that require disclosure of group membership?
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STRICT SCRUTINY
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ESTABLISHMENT CLAUSE TEST:
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Secular purpose
(Primary) Effect NOT advancce/inhibit religion (No) Excessive Entanglement |
