14th amendment flowchart

14th amendment flowchart - Does the burden fall along...

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Does a rule or action operate in a manner as to burden plaintiff? Is the party that created the rule, or implemented it, a state actor? Is the burden imposed equally on all persons similarly situated or only on a class of persons? If no burden, is there any claim to a positive right? If no burden and no positive right, you're on the wrong flowchart If a private actor, does s/he satisfy state action doctrine You may also want to know whether the state is at least partly responsible for the injury Apply Due Process Doctrine Apply Equal Protection Doctrine Procedural Due Process Substantive Due Process Suspect Class Strand Fundamental Rights Strand Has the right been deprived without notice or hearing? Has the right been burdened without sufficient justification?
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Unformatted text preview: Does the burden fall along suspect class lines? Is the burden imposed on the exercise of a fundamental right? apply fundamental rights methodology apply indicia of suspectness apply "bitter with the sweet" (if state liberty right) 14th AMENDMENT PROBLEM SOLVING Yes Equally Unequally "Undue burden test" in abortion cases has analogs in other areas Does the burden rise to the level of a deprivation? Is the right (or benefit) being denied, un-equally allocated or unequally burdened? Yes Constitutional Law II Fall, 2006 Prof. Manheim Is imposition of the burden deliberate? Is the disparate impact purposeful? non-purposeful action is subject to rational basis review Apply strict scrutiny (or other heightened review)...
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This note was uploaded on 04/05/2010 for the course LAW LAW5502 taught by Professor Stern during the Spring '10 term at Florida State College.

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