GOULDS SUBSTANTIVE LAW LIVE CLASS for CONSTITUTIONAL LAW
GOULD’S SUBSTANTIVE LAW “LIVE” CLASS for CONSTITUTIONAL LAW TOPIC: Fourteenth Amendment Issues COPYRIGHT 2012 GOULD’S LEGAL EDUCATION, ALL RIGHTS RESERVED.
GOULD’S LEGAL: Constitutional Law SUBSTANTIVE DUE PROCESS PROCEDURAL DUE PROCESS ENABLING CLAUSE. More Remedies, but No More Rights. EQUAL PROTECTION 14 TH AMENDMENT PRIVILEGES or IMMUNITIES © 2012 GOULD’S, ALL RIGHTS RESERVED.
GOULD’S LEGAL: Constitutional Law PROCEDURAL DUE PROCESS PROTECTIONS PROPERTY INTERESTS Arbitrary Deprivations by Government of Life, Liberty or Property Clear Entitlement Person Must be Heard at Meaningful Time and in a Meaningful Manner Reasonable Expectation of Continuation of Benefit Prior Notice and Hearing for Some Situations LIBERTY INTERESTS Employment, Contract, Refuse Medical Care, Care for Children DUE PROCESS 1. IMPORTANCE OF INTEREST TO INDIVIDUAL 2. RISK OF ERRONEOUS DEPRIVATION 3. ADMINISTRATIVE BURDEN © 2012 GOULD’S, ALL RIGHTS RESERVED.
GOULD’S LEGAL: Constitutional Law SUBSTANTIVE DUE PROCESS FUNDAMENTAL RIGHTS • MARRIAGE, FAMILY, PROCREATION, BODILY INTEGRITY, LIVING AS FAMILY UNIT, REARING CHILDREN, LIMITED RIGHT TO REFUSE MEDICAL TREATMENT. STRICT SCRUTINY • COMPELLING GOVERNMENTAL INTEREST. • NECESSARY MEANS TO ENDS FIT, WITH NO LESS RESTRICTIVE ALTERNATIVES. • FATAL TO GOVERNMENT. ABORTION • UNDUE BURDEN TEST. For Regulations Prior to Viability. • CONSENT / NOTIFICATION. No Spousal Consent, but May Require Parental Consent. © 2012 GOULD’S, ALL RIGHTS RESERVED.
GOULD’S LEGAL: Constitutional Law EQUAL PROTECTION RATIONAL BASIS HEIGHTENED STRICT SCRUTINY Legitimate and Rational. Important and Substantial. Compelling and Necessary. Wealth, Economic Regulations, Age, Disabilities, Sexual Orientation with Bite. Gender and Illegitimacy. Fundamental Rights and Suspect Classes. Race, National Origin, Alienage. © 2012 GOULD’S, ALL RIGHTS RESERVED.
GOULD’S LEGAL: Constitutional Law Protects Rights as Citizens of United States. Interstate Travel, Voting in Federal Elections, Entry Onto Public Land, Right to Petition Congress for Redress of Grievances. Applies to Citizens, Not to Aliens or Corporations. Privileges or Immunities © 2012 GOULD’S, ALL RIGHTS RESERVED.
GOULD’S LEGAL: Constitutional Law CONTACT INFORMATION e. Mail contact@gouldslegaleducation. com Office Telephone 1 -312 -607 -4143 Website http: //www. gouldslegaleducation. com © 2012 GOULD’S, ALL RIGHTS RESERVED.
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