Constitutional Law - Substantive Due Process, Equal Protection, First Amendment Flashcards
The nine rights under the fundamental right to privacy are
(1) right to marry (heterosexual)
(2) right to procreate
(3) right to custody of one’s children
(4) right to keep the family together
(5) right to control the upbringing of one’s children
(6) the right to purchase and use contraceptives
(7) right to abortion
(8) right to engage in private consensual homosexual activity
(9) right to refuse medical treatment
**Interference with the first six rights must meet strict scrutiny.
The right to abortion is reviewed under the standard of
undue burden (NOT strict scrutiny even though it’s under the “fundamental” right of privacy)
States cannot prohibit abortions prior to
viability
Although states can’t prohibit abortions prior to viability, they may
regulate abortions as long as the regulations don’t create an undue burden on the ability to obtain abortions
After viability, states may prohibit abortions unless
necessary to protect the woman’s life or health
Spousal consent and notifications laws in the abortion arena are
unconstitutional
A state can rewuire parental notice/consent for unmarried minor’s abortion so long as
it creates an alternate procedure where the minor can get the abortion approved by a judge if it is in the minor’s best interests or if she is mature enough to decide for herself
The right to privacy protects a right to engage in
private consensual homosexual activity*
*no known level of scrutiny though
The three subcategories of the right to refuse medical treatment are
- Competent adults can refuse it (even if it’s life-saving)
- States can require clear and convincing evidence that a person wanted the treatment terminated
- States can prevent family members from terminating treatment for another
(states can balance these rights against their important interest in valuing human life)
Although you have the right to refuse medical treatment, there is no constitutional right to
physician-assisted suicide
The second amendment right to bear arms is reviewed under
no known standard of scrutiny
but note that there is no absolute right to unrestricted gun ownership
The three protections under the fundamental right to travel are
- Laws that prevent people from moving into a state must meet strict scrutiny
- Durational residency requirements must meet strict scrutiny
- Restrictions on foreign travel must meet only the rational basis test (that’s because there is NO fundamental right to international travel)
Laws denying the right of some citizens to vote must meet
strict scrutiny
Regulations of the electoral process in order to prevent fraud must be
on balance desirable (don’t have to meet strict scrutiny)
One-person one-vote standard applies to
state and local elections
At-large elections are constitutional unless there is proof of a
discriminatory purpose
The use of race in drawing voting district lines must meet
strict scrutiny
Counting uncounted votes without standards in a presidential election violates
equal protection
The only right to trigger an “undue burden” test is
the right to abortion
The right to practice a trade or profession triggers
rational basis review (not a fundamental right)
Right to physician-assisted death triggers
rational basis review (not a fundamental right)
The right to an education triggers
rational basis review (not a fundamental right)
The three “rights” that trigger unknown levels of scrutiny are:
- Right to engage in private consensual homosexual activity
- Right to refuse medical treatments
- Right to possess firearms
The Equal Protection Clause applies only to
state and local governments