Rosenfeld F07 Con law II outline II-1

Rosenfeld F07 Con law II outline II-1 - There are three...

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There are three levels of review. When the court evaluates a claim they will subject it to one of these levels. Mere Rationality – the easiest level to satisfy, also known as minimum scrutiny Legitimate state objective – the government must be pursuing a legitimate governmental objective. This is a very broad concept and almost anything will satisfy this. Ex: health, safety, general welfare -will all found to be legitimate Rational Relation – there has to be a minimum relation between the means chosen and the state objective. This will usually be satisfied as long as the means chosen are not totally irrational or arbitrary. BOP – the burden of persuasion usually lies with the individual who is challenging the action, to show that it is unconstitutional Outcome – Generally where mere rationality is applied the government will win, or the challenged law will be upheld When Applied o Substantive Due Process – So long as no fundamental right is affected, the test for determining whether a government act violates due process is mere rationality If the state is pursuing a legitimate objective and using means that are rationally related to that objective then the state will not be found to have violated the substantive DP clause. Most economic regulations will be tested under mere rationality o Equal protection – mere rationality review is used in EP claims unless No suspect or quasi-suspect classification is being used. No fundamental right is being impaired o A large number of classifications will fall under mere rationality such as All economic regulation Rights that are not fundamental, even if they are important such as food, housing and free public education Strict Scrutiny – the hardest to satisfy. Must meet: Compelling Objective – it must be more then just legitimate. It must be a compelling interest Necessary Means – the means must be necessary. The fit between the means and the end must be extremely close. There must not be another less restrictive means available. BOP – the burden of proof is on the government to show that the action is constitutional. Outcome – the government will usually be struck down. When applied:
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My Con II Outline 2 o Substantive Due process/Fundamental rights – where the government act affects the fundamental rights and the plaintiff claims that his substantive due process rights are being violated the court will use strict scrutiny. So the state impairs rights falling in the privacy cluster (marriage, child bearing, child rearing,) the court will use strict scrutiny. o Equal protection – strict scrutiny is used to review a claim that a classification violates the plaintiff’s equal protection rights, if the classification relates either to a suspect classification or a fundamental right. Suspect classifications
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Rosenfeld F07 Con law II outline II-1 - There are three...

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