Master this deck with 21 terms through effective study methods.
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Ensures fair rules are followed before government actions affect rights.
Government actions affecting life, liberty, or property.
Legitimate claims of entitlement under the law.
Requires intentional government action affecting rights.
A balancing test for determining the fairness of procedures.
Finding the right amount of process that is fair.
Preferably before deprivation; allowed after in emergencies.
Limits government power to make certain fundamental rules.
Court protected economic rights until the 1937 shift.
Presumes laws are constitutional unless proven arbitrary.
Rights deeply rooted in history and tradition.
Determines if a right is fundamental based on historical roots.
The highest standard of review for laws affecting fundamental rights.
Government almost always loses unless it proves a compelling interest.
Strict scrutiny requires a compelling interest; rational basis requires legitimacy.
Ensures states provide equal protection under the law.
Strict, intermediate, and rational basis, each with different standards.
Explicitly draw distinctions and require strict scrutiny.
Applies the 14th Amendment's equal protection to the federal government.
It becomes a due process issue.
It becomes an equal protection issue.