Chapter 15 Flashcards
In the context of procedural due process, what does the requirement of an “impartial decision maker” aim to ensure?
That the decision maker is not predisposed to find against the person whose case they are considering.
That no person is deprived of their interests in the absence of a proceeding in which they can present their case.
That the decision maker can consider the case without any preconceptions about the facts or law involved.
All of these are correct.
What does the term “penumbras” refer to in the context of constitutional law as used in Griswold v. Connecticut (1965)?
It refers to the secondary or peripheral rights that are formed by emanations from the guarantees of the Bill of Rights.
Which of the following statements accurately describes the distinctions between the procedural due process and substantive due process?
Substantive due process is primarily concerned with issues of liberty of contract or privacy, while procedural due process is primarily concerned with the requirements of notice and a hearing before an impartial tribunal.
In Griswold v. Connecticut (1965), the Supreme Court’s decision hinged on the idea of the right to privacy being a fundamental right. Which statement best reflects how the Court reasoned this in its decision?
The Court argued that various amendments in the Bill of Rights suggest “zones of privacy,” with the Connecticut law representing an overreach into these zones.
In the case of Dobbs v. Jackson Women’s Health Organization (2022), what justification did the Supreme Court give for overturning Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey?
The Court maintained that a right to abortion is not deeply rooted in the nation’s history and traditions and thus the Fourteenth Amendment does not protect such a right.
Which of the following correctly summarizes the Supreme Court’s decision in Roe v. Wade in 1973?
The Supreme Court stated that the Fourteenth Amendment right of personal privacy extended to a woman’s decision to terminate her pregnancy.
Some dissenting Justices in Obergefell v. Hodges felt that the majority had overstepped by removing the question of same-sex marriage from the democratic process. How did they express this viewpoint?
They were concerned that the Court was applying its own policy preferences in establishing fundamental rights.
They believed that the majority was creating new rights that did not exist in the Constitution.
They argued that the issue should be resolved through legislation, not litigation.
All of these are correct.
The process for determining new fundamental rights under the doctrine ofsubstantive due process requires a careful balance. Which of the following best illustrates the Supreme Court’s approach in this regard?
The Court is often reluctant to expand the doctrine of substantive due process, seeking guideposts in the nation’s history and tradition and requiring a careful description of the asserted fundamental liberty interest.
In the majority opinion of Obergefell v. Hodges, the Court identified several reasons why the right to marry is fundamental, and thus must be extended to same-sex couples. Which of these reasons did the court NOT cite in its decision?
Marriage plays a significant role in ensuring economic stability for couples.
Based on the constitutional guarantees of due process, which of the following would be deemed inconsistent with the principles of procedural due process?
A court proceeding in which an individual is deprived of property without prior notice.
Erwin Chemerinsky described substantive due process as a highly elusive and controversial concept in American law. Which of the following statements best encapsulates his description of substantive due process?
Substantive due process is a concept that has been used to protect some of the most precious liberties, even though some Justices of the Supreme Court believe there is no such thing.
