by Alain Garrido 15 years ago
272
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Pass the scrutiny
The Rational Basis test
Economic or social welfare
Intermediate Scrutiny
Gender
Substantially related to important government objectives
Strict Scrutiny
Compelling state interest
Race, national origin, citizenship status
You have to have a reason for limiting a fundamental right
Proper notice and opportunity to be heard
Not mentioned in the constitution
No auto-incrimaniton
5th amendment
Only people
Need a warrant but it is easier to find
exceptions
Items are likely to be removed before a warrant can be obtained
4th amendment prohibits
General warrants
They need a warrant
Probable cause
The free exercise clause
Business
Person accomodates his religion to work
Nobody can force you to do something against your religion
The Establishment Clause
All religions should be treated the same
State cannot sponsor a religion
Unprotected speech
Obscene speech
no merit
offensive
Obsessive
Average person finds it violating standards
Fighting words
Threatening
Pornography
Defamatory speech
Commercial Speech
Protected but not too much
State can restrict sizes, lengths...
Valid if
Seek to implement substantial gvmnt' interest
No further than necessary
Directly advance that interest
Corporate Political Speech
Cannot express political views
Businesses cannot donate money to campaigns
Reasonable Restrictions
They can be taken away with reasonable explanation
Symbolic speech
Symbols have to be respected
Fire of the American flag
Political speech
Criticize government actions
Too broad
Rights are no absolute
Provide defence and general Welfare
Pay debts
Art 1
Preemption of state laws
Fed. Rules over state
Congress chooses to act exclusively in an area in which the fed govmt' and states have concurrent powers
Federal form of government
