6. Individual Rights

Question 1

Procedural due process

Answer 1

Whether the government has followed adequate procedures when it takes away a person’s life, liberty, or property.

Question 2

Substantive due process

Answer 2

Whether the government has an adequate reason when it takes away a person’s life liberty, or property.

Question 3

Equal protection

Answer 3

Whether the government’s differences in the treatment of people is adequately justified.

Question 4

What is a deprivation of liberty?

Answer 4

A deprivation of liberty occurs if there is the loss of a significant freedom provided by the Constitution or a statute

Question 5

What is a deprivation of property?

Answer 5

A deprivation of property occurs if there is an entitlement and that entitlement is not fulfilled

Question 6

The test to determine if there has been a deprivation of procedural due process

Answer 6

Balance

1. The importance of the interest to the individual
2. The ability of additional procedures to increase the accuracy of the fact-finding
3. The government’s interests

Question 7

What test is used when there is a law affecting economic rights?

Answer 7

Only a rational basis test is used for laws affecting economic rights. The Constitution provides only minimal protection for economic liberties.

Question 8

The takings clause

Answer 8

The government may take private property for public use if it provides just compensation.

Question 9

What is considered a “taking?”

Answer 9

1. Possessory taking—Government confiscation or physical occupation of property is a taking.
2. Regulatory taking—Government regulation is a taking if it leaves no reasonable economically viable use of the property.

Question 10

Requirements for government conditions on development of property

Answer 10

Government conditions on development of property must be justified by a benefit that is roughly proportionate to the burden imposed; otherwise it is a taking

Question 11

How to determine if a taking is for public use

Answer 11

It is for public use so long as the government acts under a reasonable belief that the taking will benefit the public.

Question 12

How to determine if just compensation was paid

Answer 12

Just compensation is measured by the loss of the owner, not the gain of the taker.

Question 13

The contracts clause

Answer 13

No state shall impair the obligations of contracts.

Question 14

What does the contracts clause apply to?

Answer 14

Applies only to state or local interference with existing contracts (Never federal government)

Question 15

Test for when there is state or local interference with private contracts

Answer 15

State or local interference with private contracts must meet intermediate scrutiny

Question 16

Test for when there is state or local interference with government contracts

Answer 16

State or local interference with government contracts must meet strict scrutiny

Question 17

What is an ex post facto law?

Answer 17

An ex post facto law is a law that criminally punishes

conduct that was lawful when it was done or that increases punishment for a crime after it was committed

Question 18

Does the ex post fact clause apply to civil cases?

Answer 18

No. Retroactive civil liability only need meet a rational basis test.

Question 19

What privacy rights are protected by strict scrutiny?

Answer 19

1. The right to marry
2. The right to procreate
3. The right to custody of one’s children
4. The right to keep the family together
5. The right to control the upbringing of one’s children
6. The right to purchase and use contraceptives

Question 20

What test is used for the right to abortion?

Answer 20

States may not prohibit abortions, but may regulate abortions so long as they do not create an undue burden on the ability to obtain abortions.

Question 21

Does the government have a duty to subsidize abortions or provide abortions in public hospitals

Answer 21

No

Question 22

Are spousal consent and notification laws for abortion constitutional?

Answer 22

No

Question 23

Are parental notice and consent laws for unmarried minors laws for abortion constitutional?

Answer 23

A state may require parental notice and/or consent for an unmarried minor’s abortion so long as it creates an alternative procedure where a minor can obtain an abortion by going before a judge who can approve the abortion by finding it would be in the minor’s best interests or that she is mature enough to decide for herself

Question 24

The right to refuse medical treatment

Answer 24

1. Competent adults have the right to refuse medical treatment, even life-saving medical treatment.
2. A state may require clear and convincing evidence that a person wanted treatment terminated before it is ended.
3. A state may prevent family members from terminating treatment for another.

Question 25

The second amendment right to bear arms

Answer 25

At least in the home for the sake of security. It did not indicate the level of scrutiny.

Question 26

The right to travel

Answer 26

Laws that prevent people from moving into a state must meet strict scrutiny

Question 27

Tests for when a person must live in a jurisdiction for a specified period of time in order to get a benefit.

Answer 27

Durational residency requirements must meet strict scrutiny

Question 28

Test for restrictions on foreign travel

Answer 28

Restrictions on foreign travel need meet only the rational basis test

Question 29

Test for laws regarding the right to vote

Answer 29

Laws that deny some citizens the right to vote must meet strict scrutiny, but regulations of the electoral process to prevent fraud only need be on balance desirable

Question 30

Voting requirement for state and local elections

Answer 30

One-person - one-vote must be met for all state and local elections

Question 31

Are at-large elections constitutional?

Answer 31

At-large elections are constitutional unless there is proof of a discriminatory purpose

Question 32

May race be used when drawing election lines?

Answer 32

The use of race in drawing election district lines must meet strict scrutiny

Question 33

Is there is a fundamental right to education?

Answer 33

No