Term
| The Two Questions that one must ask to determine which side of the Due Process Clause has been violated are, |
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Definition
~Does the Government action interfere with the person's life, liberty, or property?
~or does the Government action impair a fundamental right? |
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Term
| The Two Questions Related to Substantive Due Process (the substance of the law violates due process): |
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Definition
1. Is the right fundamental?
2. or is the right non-fundamental? |
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Term
| Is there a Constitutional Fundamental Right to privacy? |
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Definition
| No. There is no place in the Constitution that gives a fundamental right to privacy. |
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Term
| When should the strict scrutiny test be used in Due Process situations? |
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Definition
| When the right being considered is a fundamental right. |
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Term
| What is the strict scrutiny test? |
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Definition
| The government action or law is unconstitutional UNLESS there is a compelling government purpose behind it and there is no better way to reach that purpose. |
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Term
| When should the rational basis test be used in Due Process situations? |
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Definition
| When the right being considered is a non-fundamental right. |
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Term
| What is the rational basis test? |
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Definition
| The government action or law is constitutional unless it is wholly unrelated to any legitimate governmental purpose. |
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Term
| When should the strict scrutiny test be used in Equal Protection situations? |
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Definition
If the government has discriminated against a person because he is in a suspect class (race),
or if the government has discriminated against a person because he has exercised a fundamental right. |
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Term
| The two requirements of Procedural Due Process: |
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Definition
1. Adequate Notice
2. Fair procedure before an impartial decision-maker |
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Term
| When should the Intermediate Scrutiny test be used in Equal Protection situations? |
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Definition
| When the government has discriminated against a person because he is in a quasi-suspect class (gender or illegitimacy). |
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Term
| When should the rational basis test be used in Equal Protection situations? |
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Definition
| When the Government has discriminated against a person because he is in a non-suspect class (poverty, age, or mental retardation) |
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Term
| What is the first question the court must ask when dealing with the issue of equal protection? |
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Definition
| whether the government has taken any action that affects the person. |
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Term
| What is the second question the court must ask when dealing with the issue of equal protection? |
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Definition
| whether the government action classifies individuals for different legal benefits or burdens (almost always the case). |
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Term
| What is the third question the court must ask when dealing with the issue of equal protection? |
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Definition
| whether the government action discriminates on the basis of impermissible criteria or in violation of a fundamental right |
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Term
| What is the fourth and final question that the court must ask when dealing with the issue of equal protection? |
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Definition
| whether the government has discriminated purposefully (De jure) or incidentally (de facto). |
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Term
| What test should be used when dealing with de facto discrimination in equal protection situations? |
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Definition
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Term
| What is the intermediate scrutiny test? |
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Definition
The government action will be held unconstitutional UNLESS it is substantially related to an
important governmental interest. |
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