Apedia

Fr Rational Basis Punitive Damages State Education Ss

Front 4C1. Individual Rights: SDP, FRs
Back

Fed govt prohibited by 5th and States by the 14th from depriving a person of life, liberty, or property w/o DP of law.

Rational Basis

1. Economic and business regulations: rational related to a valid police power purpose (public safety and welfare).

Punitive damages award will violate DPC if it is "grossly excessive" in relation to state legitimate interests of punishment and deterrence. NO: punitive damages 10x compensatory

2. Right to education not FR or P&I, just rational basis (unless education is denied to children based on their status as aliens)

FR, SS

1. Can regulate FRs to privacy/marry/procreate/abort/family relationships only if (1) serves compelling state interest, (2) narrowly drawn

2. 1st A rights = FR

3. Right to Vote (see other card), SS only for "severe restriction"

4. FR to travel (+P&I), no residency requirements deemed to "penalize" right to travel need to deny another FR (EX: 1-yr waiting period to get welfare, NO; to divorce, OKAY)

Learn with these flashcards. Click next, previous, or up to navigate to more flashcards for this subject.

Next card: State vote restriction subject interest campaign contributions candidate

Previous card: Civil process 4b individual rights pdp person's vested

Up to card list: Barbri Constitutional Law