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3 Cards in this Set
- Front
- Back
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Is Marriage a fundamental right
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Yes, for substantive due process purposes. It triggers strict scrutiny of a statute or law. When a statute is strictly scrutinized, the defendaer of the statue bears the burder of proving that the law is necessary to serve a compelling governmental interest.
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Discriminatioin in Rental activities have a substantial effect on interstate commerce because
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Rental transactions even if local, taken in the aggregate, they have a substantial effect on interstate commerce. They are commercial activities that colletively affect the interstate market for accomodations and may thus be regulated under the commerce power.
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