If someone is making a claim that the government has violated their equal

If someone is making a claim that the government has

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If someone is making a claim that the government has violated their equalprotection rights, courts are going to apply one of three levels of scrutiny to determine if the action is a violationLevel 1 - Rational Basis Test - Economic and Social RegulationDistinction has to have a rational basis Legitimate government interest (not even a strong one )Distinction must have some rational relationship with that interestEx. Legislature has identified a problem and has made a good faith effort to solve it, test is normally met Medical License, Emission Testing, Advertising Rules, FleaMarket Case Level 2 - Intermediate Scrutiny - Gender Based Discrimination Government must prove that classification substantially advances an important government interestEx. Women admitted into West Point - Gov’t would have tohave a fairly strong argument for disallowing women basedon their genderWhy is this not strict? Just have to prove action substantially advances an important gov’t interestLevel 3 - Strict Scrutiny - Race, National Origin, Free Speech, Right to Privacy, Right to Travel Government must demonstrate that the distinction is necessary to protect a compelling interest and that distinction is narrowly tailored to discriminate no more that is absolutely necessary. It’s very hard to meet this case and is rarely overcomeException? Affirmative ActionSubstantive Due Process Prohibits statutes, regulations, and other kinds of government action that is arbitrary and irrational Generally rational basis review Brantley v KuntzProvided hair braiding classes but classes didn’t count toward licensure.
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Reason? No proper facility Brantley sued stating that requirement violated the due process clause (substantive due process) because they bore no rational relationship to any legitimate government interest Court agreed and said that this was an unnecessary barrier to entry Procedural Due Process Government will follow fair procedures before taking certain actions against individuals or companies Deprivation of liberty Virtually any substantial restriction on the freedom of an individual or companyDeprivation of property Any substantial negative effect on any type of property interestRequirements Advance notice of the proposed actionOpportunity to be heardAn impartial decision makerTaking Clause Private Property won’t be taken without just compensation Eminent domain okay if for public useIf government interferes with property and affects property value then taking clause many not applyAll or most of the property’s value and utility must have been appropriated by the government’s action
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