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Con Law Issue Checklist

This document outlines the frameworks for analyzing constitutional issues related to due process, equal protection, and religious freedom. It describes applying the Glucksberg test to determine if a right is fundamental for due process analysis. For equal protection, it discusses analyzing whether a law contains facial classifications or is facially neutral. It also provides the levels of scrutiny for different types of classifications. Finally, it outlines applying the Smith, Lemon, endorsement, and coercion tests to determine if a law violates religious protections under the free exercise or establishment clauses.

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Atticus Finch
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127 views

Con Law Issue Checklist

This document outlines the frameworks for analyzing constitutional issues related to due process, equal protection, and religious freedom. It describes applying the Glucksberg test to determine if a right is fundamental for due process analysis. For equal protection, it discusses analyzing whether a law contains facial classifications or is facially neutral. It also provides the levels of scrutiny for different types of classifications. Finally, it outlines applying the Smith, Lemon, endorsement, and coercion tests to determine if a law violates religious protections under the free exercise or establishment clauses.

Uploaded by

Atticus Finch
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Due Process Analysis:

 Glucksberg: Is this something that is deeply rooted in our nation’s history? Description of
the liberty asserted
 Connect to the 4 established rights (Don’t need all)
o Use cases to back up
 Determine if Fundamental Right and Analyze SS
o State Interest?
o Necessary/ Narrowly Tailored to achieve this compelling interest
 State’s response to Arguments
o Has the Supreme Court ever come close to saying this is a fundamental right?
o Deeply rooted in nation’s history? Would argue not
o Argue that there are alternatives
o SS should not apply, use RB
 Conclude
o Say whether FR or not? SS? Will it fail?
Equal Protection Analysis:
 Facial Classification or Facial Neutral?
o Facial Class: Disadvantages group on its face
o Facial Neutral: Intent and Impact
 Level of Scrutiny?
o SS – Race/ Nat’l Origin
o IS – Gender
o RB – Everything Else
 Does the law meet the scrutiny?
Religion Analysis
 Free Exercise Clause
o Define religion under Seeger
o If the law is generally applicable and validly enacted, use the Smith Test
 Rational Basis
o Argue both sides of whether is facially neutral
 Establishment Clause
o Lemon Test
 Secular Purpose
 Primary effect neither inhibits/advances a religion
 No excessive entanglement
o Endorsement
 Would a reasonable observe see a message of government approval or
disapproval of religion
o Coercion
 Whether the government is coercing people to take part in religion

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