The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond cover image

334: Listen and Learn -- Standards of Review (Con Law)

The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond

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What Are Fundamental Rights Under the Constitution?

Rational basis review applies when no fundamental right is at issue. That is, the law is seeking to regulate activity that does not constitute a fundamental right, driving. Most laws follow under this category and must be justified by 'legitimate government interest' So what are fundamental rights? Well, fundamental rights under the constitution include the right to vote, interstate travel and privacy, among other things. For example, courts have found the right to marry, procreate, use contraceptives, raise one's child, keep family, toge and maintain custody over one's children.

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