Bar SDP Basics

Question 1

Strict Scrutiny

Answer 1

i. Is the law necessary for a compelling gov. interest?
1. Implicit in strict scrutiny is the requirement for the least restrictive means.
2. Gov. has burden
3. Applies when there is a (1)suspect classification or a (2) Fundamental Right

Question 2

Intermediate Scrutiny

Answer 2

i. Is the law substantially related to an important gov. interest?
1. Applies to classifications based on legitimacy and gender
2. While available in both substantive due process and equal protection claims, intermediate scrutiny has only ever been used to decide cases based on equal protection grounds.

Question 3

Rational Basis

Answer 3

i. Is the law rationally related to a legitimate interest?
1. Challenger bears the burden of proof.
2. Applies to all other cases (residual test)

Question 4

DP v. EP

Answer 4

Due Process versus Equal Protection: If a law denies a fundamental right to everyone, it violates Due Process o If a law denies a fundamental right to only some, it violates Equal Protection

Question 5

Travel

Answer 5

1. We have a fundamental right of interstate travel and settlement. o
2. Can impose reasonable residency requirements for a political participation and Gov. benefits
   a. Most are 30-90 days
3. 1 year too long for everything except instate-tuition and jurisdiction to issue a divorce
4. All residents have a right to be treated equally. A state cannot have a tax scheme that favors long-term residents over recently arrived residents.

Question 6

Voting and Ballot

Answer 6

1. Voting is a fundamental right to all citizens age 18 and over.
   a. Poll taxes are unconstitutional bc burden the fundamental right to vote.
   b. Short-term (e.g., 30 days) residency requirements are permitted.
   c. Congress controls the residency requirements for presidential elections. States control residency requirements for all others.
2. Ballot access
   a. States can impose requirements for candidates to be listed on a ballot, such as longer residency, filing fees, and nomination petitions, so long as serious candidates can reasonably comply.
   b. If requirements become so onerous that effectively bar access to the ballot, then they are unconstitutional.

Question 7

Privacy areas

Answer 7

Marriage, family, contraception, sexual relationships, parental rights refusal of medical treatment, abortion

Question 8

Marriage

Answer 8

a. There are all sorts of requirements for marriage (e.g., age or restriction on marrying close relatives), but substantial interference with the marriage—including same-sex marriage—is unconstitutional.

Question 9

Contraception

Answer 9

a. It is a fundamental right for everyone, whether married or not, to purchase contraceptives.

Question 10

Sexy time

Answer 10

a. Supremes found that the gov has no legit interest in regulating non- commercial sexual intimacy between consenting adults, including same-sex couples.

Question 11

Abortion

Answer 11

a. Roe v. Wade: A woman has a right to terminate her pregnancy until viability of the fetus. After that stage, restrictions can apply so long as there are exceptions to preserve the health and life of the mother.
b. States regulate abortion in a variety of ways, but they cannot impose an undue burden on woman’s right to terminate her pregnancy.

Question 12

limits on abortion

Answer 12

i. Informed-consent requirements = allowed
ii. Twenty-four hour waiting periods allowed
iii. Parental notification requirements (for minors) are allowed.
iv. Parental consent requirements are generally not allowed.
1. Narrow exception for requirement that an underage female get the consent of a parent or a judge, but requires the judge to give consent if the underage female understands the nature of the act.
v. Spousal consent requirements are not permissible.
b. •Gov. financing of abortion is not required

Question 13

Parental Rights

Answer 13

a. Fundamental right to raise their children as they see fit, including the choice of religious or private schools.
b. Can lose their rights through abandonment, abuse, or neglect

Question 14

family relations

Answer 14

: Includes the right to live together with close relatives

Question 15

obscene material

Answer 15

1. Fundamental right to read obscene material in the privacy of one’s own home.
   a. no fundamental right to purchase, sell, import, or distribute such material.
   b. Does not apply to child porn.

Question 16

refusal of medical treatment

Answer 16

a. Not clear whether this is a fundamental right, but there is a liberty interest in refusing medical treatment
b. No right to commit suicide