Constitutional Law

Question 1

What are the 7 categories that fall under the right to privacy?

Answer 1

1. Contraception
2. Abortion
3. Marriage
4. Procreation
5. Education, private
6. Relations, family
7. Sexual relations

Question 2

How does pre & post-viability affect a woman’s right to abortion?

Answer 2

Pre-viability » state may regulate abortion as long as no undue burden is placed on the ability to obtain an abortion.

Post-viability » state may prohibit a woman from having an abortion unless the procedure is necessary to protect the woman’s life.

Question 3

What abortion restrictions do not constitute an undue burden?

Answer 3

a) required disclosures to obtain informed consent
b) 24 hour waiting period
c) parental notification (if judicial bypass in place)
d) requiring abortions to be conducted only by licensed physicians
e) “partial birth” abortion ban if other methods are available

Question 4

When is commercial speech not protected?

Answer 4

a) when it concerns unlawful activity
b) when it is fraudulent in nature
c) when it is misleading

Question 5

When is commercial speech protected?

Answer 5

a) when it concerns lawful activity
b) when it isn’t fraudulent
c) when it isn’t misleading

Question 6

What test is applied to determine if gov’t regulation on commercial speech will be upheld?

Answer 6

Assuming that commercial speech is under the protected categories, regulation must:

(1) directly advance
(2) a substantial gov’t interest, &
(3) be narrowly tailored to achieve that interest (i.e., least restrictive means not necessary » all we need is a reasonable fit btw legislation’s end & means chosen to regulate)

Question 7

When does the mailbox rule apply?

Answer 7

In a bilateral K, acceptance is effective upon dispatch