Substantive Due Process

Question 1

What is substantive due process

Answer 1

The protection of fundamental liberties as determined by the DPC of the 5th A (fed govt) and the 14th A (state govt)

Question 2

List (4), vtap

What are the fundamental rights:

Answer 2

1. All 1st A
2. right to interstate travel
3. privacy
4. voting

Question 3

list (6)

Regulations affecting these six privacy rights are analyzed under strict scrutiny

Answer 3

1. Marriage
2. Procreation
3. Using Contraceptives
4. Rights of Parents
5. Keeping extended family together - does NOT extend to unrelated ppl
6. Obscene reading material

NO PRIVACY RIGHT FOR: collection + distribution of personal data *

Question 4

Abortion is analyzed under:

OLD REDO CARD

Answer 4

1. Pre-viability: undue burden test
2. Post-viability: state can prohibit unless necessary to protect woman’s health/safety

Question 5

What fund’l rights to travel do citizens have

Answer 5

1. Travel state to state
2. Be treated equally after moving into new state

Question 6

Is international travel a fund’ right?

Answer 6

No

Question 7

Question 8