4 Q's in analyzing fundamental rights: 1. Fundamental right? 2. Right infringed? 3. Is there a sufficient justification for the law 4.

Are means sufficiently related to ends? ***Classification: (2 ways to evaluate what classification is involved) 1. Facial discriminatory OR 2. Facially neutral i. Discriminatory EFFECT/IMPACT AND ii. Discriminatory PURPOSE/INTENT ***Tests for Levels of Scrutiny: 1. Strict = race/national origin/alienage; TEST --> necessary to achieve compelling gov. interest 2. Intermediate = gender/non-marital children; TEST --> substantially related to and important gov. purpose 3. Rational basis = all other laws; TEST --> rationally related to legitimate gov. purpose ***Gov. Action Meeting Level of Scrutiny: 1. Underinclusive and/or Overinclusive 2. Ends and Means 1. Compelling 2. Important 3. Legitimate Compelling state interest test - method for determining the constitutional validity of a law, whereby gov.'s interest in law and its purpose is balanced against an individuals constitutional right that is affected by the law. ONLY if gov.'s interest is strong enough will the law be upheld. ***(Strict scrutiny - stnd applied to suspect classification (such as race) in EP analysis and to fundamental rights (i.e. voting rights for one) in due process analysis. State must establish compelling state interest justifying and necessitating law in question. 1. Necessary - to achieve compelling interest = less restrictive means 2. Compelling gov. interest = legitimate and important, and must be substantially related to objectives of gov. Narrowly tailored - racial classifications must be narrowly tailored to achieving a compelling state interest Here, law school may NOT use an applicant's race to meet a predetermined quota, but MAY use race as a "plus" when admitting an otherwise eligible applicant. Rational Basis Test: = law will be upheld if rationally related to a legitimate gov. purpose Applies to all other classifications, including: 1. Poverty; 2. Age; 3. Mental retardation; 4. Necessities of life (food, shelter, clothing, medical care); and 5. Economic and social welfare measures Intermediate Scrutiny: = law will be upheld if it is substantially related to an important gov. purpose. 1. Gender; (exceedingly persuasive justification) 2. Illegitimacy (non-marital children); 3. Education; Strict Scrutiny: = law will be upheld if it is necessary to achieve a compelling gov. purpose. (i.e. no less restrictive means exist)

I.Fundamental Rights: 1. Vote; 2. Travel; (foreign travel only rational basis scrutiny) 3. Privacy; (CAMPER) i. Contraception (sale and use by both married and unmarried persons) ii. Abortion (states may not prohibit abortion, but may regulate as long as they create NO "undue burden" on right to obtain an abortion) iii. Marriage (any restrictions on right to marry (interracial marriage) is prohibited iv. Procreation (closely related to contraception) v. Education (right of parents to educate their kid outside of public schools) vi. Relations (right of related [not unrelated and not homosexual] persons to live together; "anti-group" ordinances generally prohibited) *abortion = undue burden test undue burden on mother in obtaining abortion and Roe V. Wades trimester system no longer law; state can regulate and place restrictions on abortion so long as those regulations do not impose an undue burden on womans ability to make abortion decision; when undue burden results then law is unconstitutional *education = remedy past discrimination related to educational opp *gender = exceedingly persuasive justification

II. Suspect Classes (RAN): 1. Race; 2. Alienage; (fed regulation = rational basis scrutiny and state regulation = strict scrutiny) 3. National Origin; III.Protected 1st A. Rights