POS3691 Final Exam Study Guide About The Exam Easier than the midterm for student who come to all the classes Read ALL question very closely and all of its potential answers Partial Credit Available All multiple choice 50 Questions and worth 2 point each General Constitutional Questions Search and Seizure Due Process 1st Amendment religion and speech Free Exercise Equal Protection Abortion Privacy and ADR Bring one sheet of note book paper Three Individual Rights it is always important to look at the facts and see if there is gov action If no gov action no rights apply o 1 Due Process only apply to government action but statue may extend to similar requirement to private action First Question Does the plaintiff have standing You need two components Law has to have impact on YOU and If there was did it interfere with a your life liberty or property Second Question Due Process Initial Inquiry Was there any gov action No means no due process concern Who is protected Any person If something is not a human being it doesn t apply animals do not have due process censorship on ideas When is a person entitles to this highest of due process Under Strict Scrutiny when the government is puts o The must never be viewpoint discrimination applies to government speech Conservative president cannot block liberal from getting info or making IRS look into things o 2 Procedural Due Process the right of a person to contest government actions and decision that affect him or her The government may satisfy this obligation by permitting a fair and timely trial or hearing before a neutral decision maker with the possibility of a fair appeal from adverse decision Ask what basic question Was there a fair trial Does it affect the person brining it forth Third Question Fair opportunity to go against the gov If this is true then there is no procedural due process problem Procedural Inquiry If gov action did the person have a fair opportunity to contest that action in an impartial forum and a fair opportunity to appeal the initial decision If the person affected by gov action did not have that opportunity there is a procedural due process issue and gov generally must show a compelling interest to sustain the contested action o 3 Substantive Due Process refers generally to the right to be free from arbitrary and capricious laws and gov decision or actions This includes the right to be free from gov action that retroactively changes the law to deprive a person of vested rights Ask what basic question Does it past the smell test Is it a funny law Fourth Question If gov action did not interfere with a fundamental right the gov action will be valid if it satisfies the rational basis test If the gov action interfered with a fundamental right that action will only be sustained if the gov is satisfies strict scrutiny by showing a compelling interest If strict scrutiny fails then apply rational basis Rational Basis could a rational legislature conclude that the contested statues is reasonable related to accomplishing a legitimate purpose of government The test is applicable when a claimant challenge the constitutionality of a statutes and the statue does not interfere with a fundamental right and does not adversely affect a constitutionally protected class Was the gov action rationally related to a legitimate gov interest Easier to stand Compelling Test aka Strict Scrutiny is this the least intrusive means to satisfy an essential purpose of government Equal Protection does this treat people differently There are two basis that are applied when the Strict Scrutiny and Equal Protection are being applied o Suspect Class a discrete insular minority that has traditionally been underrepresented in government black or white male or women A person cannot change back and forth or can t choose it it s set in stone o If the law would treat people different based on their exercise of their fundamental rights o Fundamental rights generally are those specifically indentifies in the BOR or which the SC otherwise concludes are worthy of the greatest protection If a gov action affects right that are not fundamental courts generally will apply a rational basis test An example of fundamental rights are religion and political speech o Any content based restriction is suspect Search Seizure if the search is lawful anything the search uncovers is fair game traffic stop sees bloody knife in back seat in plain view that s fair game o The key question is was the search legal If it was then everything found is fair game Examples Below If a person is stopped and the officer sees a dead body he can use that as evidence Police knocks on the door of a frat house and sees young four year old girls through the open door they can arrest because it is in plain view Police stands at the door and calls in for a search warrant If the police think someone is in danger like sounds of struggle they can enter If the traffic stop is lawful can the police go through your vehicle If a criminal offense fair game If a civil offense no search o Know pages 103 111 and how to apply the rights o No constitutional rights against race there are statutory rights but not constitutional Devious Teacher could create a fact pattern involving all of these constitutional rights First Amendment reads congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof o Florida Statue s Definition of Religion Free Exercise Clause Inquiry o Did the gov action unnecessarily interfere with a person s practice of his or her religion If so there may have been a violation of the FEC o o Did the gov satisfy the compelling interest test o The wall of separation between church and state doesn t appear in the BOR o There aren t many countries that allow freedom of religion The Establishment Clause The Free Exercise Clause prohibit action by the gov to create a national church or interfere with the religious views and practices of individuals Violation arises when authorities seek to prohibit action by individuals or religious institutions o The Establishment Clause prohibits gov from establishing a monotheistic religion polytheistic or a pagan religion Equal Protection does this treat people differently o The 14th Amendment applies these provision to state and local gov specifically addressing religious right The two above are intertwined with the freedom of speech These are fundamental rights Relationship Among Free Exercise FOS and Equal