Due process Flashcards
What is substantive due process
Guarantees laws won’t be arbitrary with respect to enumerated and unenumerated rights.
What is the applicable standard when government regulates a fundamental right?
Strict scrutiny
What are the fundamental rights?
First amendment rights, right to interstate travel, privacy, voting
What are the privacy rights?
CAMPER (contraception, abortion, marriage, procreation, education, raise children)
What is not protected under right to abortion?
Government is not required to pay for abortions.
What are the tests for determining the validity of laws interfering with abortion
The pre viability rule and post viability rule
Pre viability rule:
State can regulate, but cannot place an undue burden on the woman’s right to obtain an abortion (I.e can’t require spousal consent)
Post viability rule:
State can prohibit abortion unless it is necessary to protect the woman’s health or safety
What is the right to interstate travel
Right to travel between states and be treated equally after moving to a new state
Restrictions on the right to vote
Restrictions other than on the basis of residence, age, and citizenship, are generally invalid unless they can pass strict scrutiny
