Term
| Rational for not finding heightened scrutiny for poor classification: |
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Definition
Poverty is not immutable (you can change being poor)
The effect of the law is the problem not that congress hates the poor. |
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Term
| Douglas v. California (SCOTUS 1963) |
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Definition
| The courts MUST provide an attorney to indigent criminals for their FIRST Appeals. |
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Term
| Boddie v. Connecticut (1971) |
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Definition
| Unconstitutional to deny poor access to the courts because they cannot pay the filing fee. Within the limits of practicability people should be afforded the ability to be heard in Ct in divorce. Only the courts can grant a divorce. Thus because they are poor they lack the ability to get a remedy for their dispute. LIMITED TO DIVORCE)Kras= No bankruptcy. |
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Term
| Distinguish Boddie from Kras |
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Definition
a. The State has a monopoly on divorce. The person has no choice but to go through the courts.
i. NOT so with debt. You can for example negotiate with creditors without the court.
b. Divorces relate to the constitutional right to marry, the only way to be able to achieve that right is by dropping the current spouse.
Kaus could have paid in installments. Really you cant pay 1.68 a week? |
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Term
| Ross v. Moffit (SCOTUS 1974) |
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Definition
| You don’t have to provide a lawyer for a discretionary appeal. You got a chance the first time, that is fair. |
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Term
| Washington v. Glucksberg (SCOTUS 1997) |
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Definition
Because committing suicide is not a fundamental liberty interest protected by the due process clause all you need is the Rational Basis Test.
SCOTUS found that the law served many legitimate interests.
i. Preservation of life
ii. Ethics of legal profession needs to be protected
iii. Weaker groups need protection (mentally ill, old people)
Need to stop the path to voluntary or involuntary euthanasia |
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Term
| Gitlow v. New York (1925) |
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Definition
| First amendment is incorporated via the due process clause of the 14th |
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Term
| Palko v. Connecticut (1937) |
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Definition
| Cardozo finds that the removal of the right where neither liberty nor justice would exist without it would warrant selective incorporation of that right. |
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Term
| Duncan v. Louisiana: (SCOTUS 1968) Jury trial case. Test for incorporation |
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Definition
| Test for determining what is incorporated: Whether the right is basic in our system of jurisprudence. Is the right essential to a fair trial. Is the right amongst fundamental principles of liberty and justice. |
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Term
| McDonald v. City of Chicago (SCOTUS 2010) |
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Definition
| 2nd Amendment is incorporated. Thomas sites the P or I. Majority cites the Due Process of 14th |
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Term
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Definition
| The government must show that the challenged classification serves an important state interest and that the classification is at least substantially related to serving that interest |
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Term
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Definition
| The government must show that the challenged classification serves a compelling state interest and that the classification is necessary to serve that interest. |
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Term
| MINIMUM (OR RATIONAL BASIS) SCRUTINY |
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Definition
| The government need only show that the challenged classification is rationally related to serving a legitimate state interest |
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Term
| Nebbia v. NY (SCOTUS 1934) |
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Definition
| Court questions Lochner. K rights nor property rights absolute |
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