Show Menu
Cheatography
  1. Home >
  2. Education >

Con Law II - Midterm Cheat Sheet (DRAFT) by

Con Law Midterm cheat sheet on equal protection

This is a draft cheat sheet. It is a work in progress and is not finished yet.

State Action Doctrine

The consti­tution applies only to the govern­ment. Private doesn't apply unless entang­lement or public function.
Public Function: private entity peforming task tradit­ionally and exclus­ively done by govern­ment.
Entang­lement: If the gov. affirm­atively author­izes, encour­ages, or facili­tates unconst. conduct.

The Justices

Conserv
Sotomayor; Kagan; Jackson
Liberal
Roberts; Kavanaugh; Barrett; Alito; Gorsuch; Thomas

Equal Protection

Methods of Attack: as applied: impact and purpose; on its face
On its Face: creates a class on its face, discri­minates
As Applied: facially neutral but impact disc. circum evidence; history; obvious; invidious; -- if same action anwyays with other purpose its fine
Race: Strict - dont like quota or set aside unless proven past disc; only long enough until remedied; morality not compelling interest;
Affirm­ative Action: Strict - compelling purpose: remedy past disc or promote diversity; narrow tailor; can be considered but not sole basis; quota only to remedy and end once fixed;
Fundam­ental rights: marry; procreate; custody; family together; control upbring; contra­cep­tive; sex; aboriton: UNDUE BURDEN no right to abortion; right to refuse treatemnt; guns; travel­vote; education not dundam­ental; access to courts
Abortion: rational basis
 

Procedural Due Process

Two Types of Process: Notice and Hearing
Three Question Framework: (1) Depriv­ation? (2) Libert­y/P­rop­erty? (3) What Procedures are Required?
Depriv­ation: Intent­ional or reckless not neglig­ence; if state provides tort relief then no depriv­ation for post-d­epr­ivation remedy; relinq­uishing right cannot be condition of receiving a privilege
Liberty: sig. government restraint; harm to rep alone not enough needs some other loss; prisoners rarely have liberty interest; apply to combat­ants; parent custody; deport­ation
Property: Tradit­ional notions or legitimate entitl­ement: reasonable expect­ation of continued receipt; apply to: welfare; employment K (not at will); public education; license;
Procedure: Depends on nature of right; three factors: importance of interest: higher = more procedure; risk of error and value of additional: if additional leads to more accurate, reduce risk, then allowed; balance risk of error with value of proposed procedure; gov burden: costly; more burdensome = less likely to require
Forfeiture: Req. Notice and hearing: forfei­ture, parental custody; welfare; not req hearing: disability
 

Levels of Scrutiny

Strict Scrutiny: (1) necessary to achieve (2) Compelling interest; (3) narrowly tailored - least restri­ctive
Applies to: race, national origin, alienage, - Gov burden of proof usually lose
Rational Basis: (1) rationally related (2) legitimate gov. interest
Applies to: Alienage related to self gov/de­moc­ratic; age; disabi­liyt; wealth; social; economic; all other; gov almost always win; challenger has burden
Interm­ediate Scrutiny: (1) substa­ntially related; (2) important gov. purpose
Gender; illegi­tim­acy;; gov burde of proof; actual purpose; narrowly tailored not best way
Rational with teeth: sex disability - need to show stereotype invidious