Due Process

Question 1

Where in constitution

Answer 1

DP is found for the Federal Govt 5th Amendment and States are the 14th Amendment

Question 2

if liberty basic structure

Answer 2

• Fundamental Right —-> Strict Scrutiny
  S.S = Compelling interest that needs to be furthered & narrowly tailored
• Garden Variety Right —–> Rational Basis
  RB = Strong presumption interference is const, burden of proof is on challenger, interference has to rationally further any conceivable legit govt interest

Question 3

If Property - basic structure

Answer 3

Takings Clause Rule = no property can be taken from govt for public purpose without just compensation
1) Public Purpose - always find this
2) Taking
physical intrustion, regulation/law takes away all value, regulation/law is so intrusive it amount to taking (Penn State Factors: overall economic impact on you, what were your expectations when you invested in the property, how widespread is the regulation (is the burden widespread enough that while it impacts you it is not a taking)
3) was compensation just - not tested on

Question 4

Implied Fundamental Rights

Answer 4

1) Use of contraceptives by consenting adults (unmarried or married)
2) The right to engage in consensual adult private sexual intimacy (hetero or homo)
3) Marry someone (can be regulated since those don’t substantially intrude but you cant substantially intrude, ban, or punish)
4) Right to retain the physical ability to procreate (aka sterilization)
5) Right to raise and educate children as you choose (not all biological fathers have this interest but those who have an established relationship with their biological child do have that interest)
6) Blood-related family to live together (extent of this has not been fully decided but it goes beyond nuclear family but not beyond not blood related)
7) Right to refuse medical assistance (even if it would be fatal)