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  • Con Law - Fundamental Rights Table

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    bellisimmma
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    Eric liu: Fundamental rights include right to PRIVACY, right to the VOTE, right of access to the courts. He says the RIGHT TO VOTE extends to all national and state government elections. The right to the ballot must meet strict scrutiny, he says.

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    Con Law--Fundamental Rights Table

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    Eric liu: Fundamental rights include right to PRIVACY, right to the VOTE, right of access to the courts. He says the RIGHT TO VOTE extends to all national and state government elections. The right to the ballot must meet strict scrutiny, he says.

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    82 views2 pages

    Con Law - Fundamental Rights Table

    Uploaded by

    bellisimmma
    Eric liu: Fundamental rights include right to PRIVACY, right to the VOTE, right of access to the courts. He says the RIGHT TO VOTE extends to all national and state government elections. The right to the ballot must meet strict scrutiny, he says.

    Copyright:

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    Fundamental Rights Apply Strict Scrutiny Strict Scrutiny = the law / govt action is necessary to serve a compelling govt

    interests and must be narrowly tailored (must be the least restrictive means possible for achieving the compelling govt interest) RIGHT TO PRIVACY (liberty in Due Process clause) Right to privacy comes from liberty interest in Due Process clause; penumbras of the right to privacy in the 1st Amendment. Right to Privacy marriage (i.e., miscegenation law will be INVALID Loving v. Virginia) Right to privacy use of contraceptives Right to privacy abortion (NOT strict scrutiny, but rather use Pre-viability rule = no undue burdens; use post-viability rule = may prohibit abortion UNLESS womans health threatened) Right to Privacy Freedom to read obscene material (EXCEPT for child pornography) Right to privacy Keeping extended family together Right to privacy law INVALID that required surgical sterilization for rapists convicted 3+ times Right to privacy Intimate sexual conduct state has NO legitimate interest in making it a crime for fully consenting adults to engage in private homosexual activity that is NOT commercial Lawrence v. Texas; Colorado state initiative repealing laws protecting gays was declared INVALID Romer v. Evans ACCESS TO THE COURTS This right has been inferred even though not in the Constitution CAVEAT while laws discriminating on the basis of wealth only get rational basis review, laws discriminating on the basis of wealth as a requirement for access to courts (i.e. right to a lawyer for indigents) restricts a Fundamental Right and thus must meet strict scrutiny RIGHT TO VOTE (14th, 15th, 19th, 24th, 26th Amendments) Right to vote extends to all national and state government elections including primaries. Article I, 2 House of Reps to be chosen by people Restrictions on access to the ballot must meet strict scrutiny generally not allowed (e.g., where state law INVALID b/c it required new political parties or independent candidates to obtain signatures of 5% of the # of voters who voted at the prior election in order to get on the ballot for election for city offices.) Classifications as to WHO may vote: ONLY residence, age and citizenship are permissible classifications for requirements as to who may vote all others

    must meet strict scrutiny to be valid NO dilution of voting power allowed 1 person, 1 vote (diluting occurs through malapportionment of voting districts); if so must meet strict scrutiny NO property ownership (wealth discrimination) as a requirement for voting; must meet strict scrutiny RIGHT TO TRAVEL BILL OF RIGHTS (the First 10 Amendments) The Bill of Rights applies to the federal govt. Applies to the states (most parts of Bill of Rights) through the DP clause of the 14th Amendment. Freedom of Religion

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