Equal Protection Analysis

advertisement
Everything You Need To Know For The LEDP Final
OK Folks! From what I understand there are 5 different hypos we could be presented
with for the LEDP final. This is by no means a complete list, but I will do my best to
update this whenever possible. But for the meantime, this is what I have!
1) Equal Protection Analysis
Affirmative Action
2) Fundamental Rights/Substantive Due Process
 Twin Stars Test
1) DEEPLY ROOTED IN THIS NATIONS HISTORY AND
TRADITION
2) IMPLICIT IN THE CONCEPT OF ORDERED LIBERTY SUCH
THAT NEITHER LIBERTY NO JUSTICE WOULD EXIST IF
THEY WERE SACRIFICED. Essential to Justice.


Passes Twin Star  Strict Scrutiny
1) Race must be a classification
2) There needs to be a compelling government
interest
3) Necessary Means – The way to protect the
government interest Ex: Curfews
4) Less burdensome – there is nothing easier that
will accomplish the same thing
Fails Twin Star  Rational Basis
There must be a legitimate state interest and the
means chosen to pursue it must be
rational/reasonable
3) Takings
1) Must substantially legitimate state interests
2) It must not deny an owner economically viable use of his land.
4) Procedural Due Process
1) Nature of the Private Interest by proposed governmental interest
2) How faulty are the procedures currently in use. How likely is it the gov’t to
screw up and the value of additional safeguards.
3) Governmental interest.
5) Privileges and Immunities
Right to Travel
Download