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Means Ends Purpose Least Restrictive Alternative Burden of Proof

Rational Basis Rationally Related Legitimate Conceivable Govt No T


y y y y y y y y y

Intermediate Scrutiny Substantially Related Important Actual Govt Prolly No Government

Strict Scrutiny Narrowly Tailored Compelling Actual Govt Yes Government


y Suspect Class (RAN)  Race  AA to remedy persistent & readily identifiable  + among range of factors  predominant factor in legislative apportionment  Alienage state laws  Nationality y Fundamental Rights (Pr1VaTe)  Privacy  Marriage  Sexual Relations  Child Rearing  Abortion  Keeping extend family together  Vote  Travel - Interstate  1st Amendment - overbroad, vague, w/ unfettered discretion  Speech - Content-Based  Prior Restraints 1. Narrowly drawn 2. Reasonably definite 3. Injunction promptly sought 4. Prompt & final determination  Association  Religion  Free-Exercise Clause y punishment based on religion y religious oath to hold office y Clerics can hold office y Courts declare religion to be false y religious exemptions from conduct regulations, except: o Amish/education o Unemployment/religious days  Establishment Clause y No established religion y Regulation Valid o No sect preference o Primary effect advance, inhibit religion o excessive govt entanglement y Interference w/ govt contract

Economic Regulation Gay Rights Education Alien- re:Self-Govt Age Disability Poverty Travel - International Speech  Non-public forum speech viewpoint neutral  Govt funding  Broadcast regs

y Quasi-Suspect  Gender  Valid  Rape  Draft  Requiring US Fathers only to prove parentage to non-M child born abroad  Invalid  Death benefits  Preemptory Strikes  Alimony for woman only  State supported female/male only schools  Discriminatory minority drinking age Legitimacy y Alien undocumented children y Interference w/ private contract y Speech  Public forum = Content-neutral (TPM) (+alt. channels of communication)  Cable TV y Association Election Contribution limit to candidate

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