Substantive Due Process

Question 1

What rights are protected by substantive due process?

Answer 1

Unenumerated rights = the rights not spelled out in the constitution

Question 2

What personal rights receive strict scrunity?

Answer 2

D.E.C.R.A.M.P.S

Death (choose not to undergo unwanted medical procedures)

Education (private education)

Contraceptives

Relatives (for related people to live together)

Abortion

Marriage

Possess obscenity (in one’s home)

Sexual orientation

Question 3

Right to Contraceptives

Answer 3

There is a fundamental right to use and use contraceptives

Question 4

Fundamental right to Abortion

Answer 4

A woman has a protected privacy interest in choosing to have an abortion before the fetus is viable

Question 5

When is regulation on pre-viability abortion unconstitutional?

Answer 5

if it imposes an undue burden on a woman’s right to choose an abortion

Question 6

Examples undue burden?

Answer 6

1. Total ban
2. Spousal consent
3. Spousal notification
4. Recording patient names
5. Parental consent without judicial bypass

Question 7

Fundamental right to family relations

Answer 7

• A fundamental right exists for related persons to live together.
  
  • A zoning ordinance prohibiting members of an extended family from living in a single household has been subjected to heightened scrutiny and held unconstitutional.
• Parents were held to have a protected liberty interest concerning the control of visitation with their children by others, including grandparents.

Question 8

Right to Sexual Orientation

Answer 8

Gov’t cannot criminalize same sex sexual activity

Level of scrutiny: rational basis review

Question 9

Fundament Right to Education

Answer 9

Parents have a right to send their children to private school

Question 10

Right to possess obscene materials

Answer 10

You have a right to possess obscene materials in the privacy of one’s hom

This right does not extend to child pornography

Question 11

Right to Die

Answer 11

Right to refuse medical procedures, even life-extending procedures

Question 12

Right to Travel

Answer 12

You have a fundamental right to travel from state to state

But gov’t can restrict international travel in the interest of national security

Question 13

Right to Vote

Answer 13

fundamental right of U.S. citizens over age 18 to vote extends to all federal, state, and local elections, as well as to primaries. Strict scrutiny review is used to adjudicate restrictions on the right to vote.

Question 14

Amendments for voting

Answer 14

• 15th Amendment – bans race discrimination in voting
• 19th Amendment – bans gender discrimination in voting
• 24th Amendment – bans age discrimination in federal elections (also applies to states)
• 26th Amendment – bans age discrimination for 18 years +

Question 15

Voting Restrictions that are consitutional

Answer 15

• Reasonable residency requirements
• Reasonable registration requirements
• Reasonable time and manner regulations
• Felon disenfranchisement

Question 16

What are the fundamental rights?

Answer 16

Travel, voting, privacy, 2nd amendment (firearms)

Question 17

What are the privacy fundamental rights?

Answer 17

• Marriage, contraception, intimate sexual behavior, abortion (undue burden test), parental rights, family relations, obscene material, right to refuse medical treatment, and right to avoid disclosure of personal medical information