Con Law 2.2

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Con Law Flash Cards

21 Terms

1

Rational Basis

A standard of review used by courts to evaluate laws that classify people or groups without involving a fundamental right or suspect class; the government must show a legitimate interest.

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2

Intermediate Scrutiny

A standard of review for laws involving gender or illegitimacy classifications, requiring an important government objective and substantial relation to that objective.

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3

Strict Scrutiny

The highest standard of review for laws infringing on fundamental rights or involving suspect classifications (e.g., race); laws must serve a compelling government interest and be narrowly tailored.

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4

Due Process Clause

Part of the 14th Amendment that prevents states from depriving individuals of life, liberty, or property without due process.

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5

Equal Protection Clause

Part of the 14th Amendment mandating that states provide equal protection under the law to all individuals.

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6

Selective Incorporation

A doctrine that applies certain Bill of Rights protections to states via the 14th Amendment, on a case-by-case basis.

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7

Fundamental Rights Analysis

A judicial method to determine if certain liberties are fundamental, warranting stricter scrutiny when laws infringe upon them.

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8

Commercial Speech

Speech that predominantly proposes a commercial transaction; it receives limited protection under the First Amendment.

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9

Obscenity

Speech or material that fails a specific legal test for being offensive or devoid of serious literary, artistic, or scientific value; not protected by the First Amendment.

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10

Fighting Words

Words likely to incite immediate violence or retaliation; not protected under the First Amendment.

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11

Libel

A damaging written false statement regarding an individual's reputation.

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12

Slander

A damaging oral false statement regarding an individual's reputation.

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13

Establishment Clause

The First Amendment clause prohibiting the government from establishing an official religion or favoring one religion over another.

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14

Free Exercise Clause

The First Amendment provision safeguarding individuals' rights to practice their religion without government interference.

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15

Griswold v. Connecticut

A landmark case in which the Supreme Court ruled that the state's prohibition on contraceptives violated the right to marital privacy.

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16

Roe v. Wade

The 1973 Supreme Court decision affirming a woman's legal right to an abortion under specific circumstances.

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17

Substantive Due Process

A constitutional doctrine that safeguards certain fundamental rights from governmental infringement.

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18

Voting Rights Act of 1965

A pivotal federal law aimed at abolishing various forms of voting discrimination, particularly against African Americans.

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19

Civil Rights Cases (1883)

Supreme Court decisions striking down the Civil Rights Act of 1875, limiting Congress's ability to prohibit discrimination by private individuals.

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20

Plyler v. Doe

The Supreme Court ruling that public schools cannot deny enrollment to children based on their immigration status.

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21

Carolene Products Footnote 4

A noted footnote in the Carolene Products case suggesting that laws infringing on rights, restricting political access, or affecting discrete and insular minorities should undergo heightened scrutiny.

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