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14 Cards in this Set

  • Front
  • Back
Standard of Review for Strict Scrutiny
Necessary to achieve a compelling government interest. Also have to be the least restrictive way to achieve the compelling government interest.
When is Strict Scrutiny Applied under an Equal Protection Argument?
If a fundamental right or a suspect classification is involved.
Suspect classifications for strict scrutiny purposes under equal protection.
Race, ethnicity, national origin and alienage (only under state law)
Standard of review for intermediate scrutiny.
Substantially related to an important governmental interest.
When is intermediate scrutiny applied under an equal protection argument?
Classification based upon gender or status as a nonmarital child.
Standard of review for rational basis.
Rationally related to a legitimate state interest.
When does rational basis apply?
All cases in which one of the higher standards does not apply.
What triggers strict or intermediate scrutiny?
A discriminatory intent on the part of the government.
Is disparate impact sufficient to trigger strict or intermediate scrutiny?
No, there must be a discriminatory intent on the part of the government.
When is a state classification based on alienage valid?
When the classification is intended to restrict or prohibit an alien's participation in government functions.
What is the standard of review for a state classification that seeks to prohibit an alien's participation in government functions?
Rational relationship to a legitimate state interest.
Does the Privileges and Immunities Clause of Article IV protect out-of-state corporations?
No.
What protects out-of-state businesses from being treated differently than in-state businesses?
Dormant Commerce Clause.
When life, liberty or property is being taken by the government, what are the factors used to determine the due process that is due?
1. The individual interest stake (Life, liberty, property)
2. The value of the procedure in protecting that interest
3. The government's interest in efficiency and cost