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Constitutional Law - Coggle Diagram
Constitutional Law
Equal Protection
Temm 131
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Suspect Classifications
Race, alienage, national origin
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State Action
Temm 128-29
Supremacy Clause
Federal law preempts state law (i.e. supersedes when fed and state laws conflict) where exercise of fed power constitutional
Action by fed or state gov't, NOT private citizen or entity (14th, 15th Amendments)
EXCEPT where private entity engaging in activities traditionally/exclusively performed by gov't, or where private entity so closely related to gov't that its action can be treated as action by gov't
Due Process
Temm 129
Procedural
- 5th, 14th Amendments (fed, state)
- Protects against deprivation of life, liberty, property w/out DP
- Right to notice, fair and speedy trial
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Property
Public education; welfare benefits; retention of driver's license; public employment; prejudgment garnishment; forfeiture; business licensing
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Substantive
- Laws that affect rights of all persons concerning specific activity
- Assures fair, reasonable, non-arbitrary laws
Economic Regulations
Fundamental Rights Regulations
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Protects rights of persons (not just citizens)
Includes noncitizens; corporations (but corps not entitled to privilege against self-incrimination)
Levels of Scrutiny
Intermediate = govt's burden to show substantially related to achieving important gov't interest
Applies to quasi-suspect classes - gender; illegitimacy
Rational basis = plaintiff's burden to show not rationally related to a legitimate gov't interest
Applies where strict or intermediate does not, incl. classes based on age; poverty; wealth; disability; necessities (food, shelter, clothing, medical care)
Strict = govt's burden to show narrowly tailored to achieving compelling gov't interest
Applies to EP-suspect class; DP-fundamental rights; 1st Amendment rights; access to courts
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U.S. Constitution
- Supreme law
- Sets parameters for federalism
- Authorizes specific powers to each gov't branch
Bill of Rights Analysis
Essay
- Identify amendment
- How it applies to states
- Identify state action
- Give language of amendment
- Give Court's interpretation of language
Temm 134
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