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