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Substantive Due Process - Coggle Diagram
Substantive Due Process
Strict Scrutiny
Law must be necessary to achieve a compelling gov't interest
Gov't bears the burden of proof
Least restrictive means
Applies to:
Suspect classifications
Triggers Strict Scrutiny under Due Process and Equal Protection :warning:
Fundamental Rights
Travel
Fundamental right to interstate travel
Some states can impose reasonable residency requirements for political participation and gov't benefits
Voting and Ballot Access
Voting is a fundamental right to everyone over 18
Poll taxes are unconstitutional
Can be strict scrutiny or rational basis
Non-Discriminatory
Rational Basis
4 more items...
Discriminatory
Strict Scrutiny
3 more items...
Privacy
Marriage
Contraceptive
Sexual Intimacy
Abortion
Parental Rights
Family Relations
Obscene Material
Refusal of Medical Treatment
Second Amendment
Regulation is valid if they fit the history of the Second Amendment
Fundamental Rights
Intermediate Scrutiny
The law must be substantially related to an important gov't interest
Gov't bears burden of proof
Applies to:
Legitimacy
Gender
Rational Basis
A law must be rationally related to a legitimate gov't interest
Challenger bears the burden of proof