FUNDAMENTAL RIGHTS Flashcards
1
Q
INTRODUCTION
A
- Certain fundamental rights are protected under Constit.
- If they are denied to everyone, it is a substantive due process problem.
- If they are denied to some individuals but not to others, it is an equal protection problem.
- The applicable standard in either case is strict scrutiny.
- Thus, to be valid the governmental action must be necessary to protect a compelling interest.
2
Q
Unenumerated Rights Generally
A
- In addition to rights protected by first 8 Amends, the Constit also protects certain rights not specifically mentioned in its text.
- Whether a right falls into the latter category depends on whether it is deeply rooted in nation’s history & tradition & essential to concept of ordered liberty.
3
Q
RIGHT OF PRIVACY
A
- Various privacy rights, including marriage, procreation, contraception, & childrearing, are fundamental rights.
- Thus, regulations affecting these rights are reviewed under strict scrutiny & will be upheld only if they are necessary to a compelling interest.
4
Q
Marriage
A
- Although not all cases examining marriage regulations clearly use compelling interest standard, law prohibiting a class of adults from marrying is likely to be invalidated unless gov can demonstrate the law is narrowly tailored to promote a compelling/ overriding or, at least, important interest.
- Note: The Court has indicated that there is a “marital zone of privacy”, so it will likely grant broader protection to private sexual relations between married persons than it does concerning nonmarried persons.
5
Q
Same-Sex Marriage
A
- Fundamental liberties guaranteed by 14th Amend require every state to issue marriage licenses to 2 people of same sex & recognize same-sex marriages validly performed elsewhere.
- However, Ct did not expressly hold that same-sex marriage is a fundamental right, nor did it address the standard of review (presumably, strict scrutiny).
6
Q
Special Test in Prisoners’ Rights Cases
A
- A statute/regulation that restricts constitutional rights of prison inmates will be upheld if statute/ regulation “is reasonably related to legit penological interests.”
7
Q
Procreation
A
- Individuals have a fundamental right to reproduce that cannot be limited by the state.
- Ex. invalidating a mandatory sterilization program as unconstitutional
8
Q
Use of Contraceptives
A
- A state cannot prohibit distribution of nonmedical contraceptives to adults except through licensed pharmacists, nor prohibit sales of such contraceptives to persons under 16 who do not have approval of a licensed physician.
9
Q
Abortion
A
-There is no longer a constitutional right to an abortion, matter is left to the states to legislate
10
Q
Obscene Reading Material
A
- Right of privacy includes freedom to read obscene material in your home, except for child pornography.
- Does not include right to sell, purchase, receive, or transport obscene material
11
Q
Rights of Parents
A
- Parental rights are fundamental rights.
- They include companionship, care, custody, & management of children
12
Q
Education
A
- Although state may prescribe reasonable educational standards, it may not require that all children be educated in public schools.
- Neither may the state forbid education in a language other than English.
13
Q
Visitation
A
- A state law was found to be overbroad & in violation of parents’ rights where it
(1) authorized cts to grant “any person” (including grandparents) a right to visit child upon finding that this would be in child’s best interests, and
(2) did not allow judge to give significant weight to parent’s offer of meaningful visitation opportunity & the traditional presumption that a fit parent will act in child’s best interests.
14
Q
Keeping Extended Family Together
A
- Right of privacy includes right of family members—even extended ones—to live together.
- Thus, a zoning ordinance cannot prohibit extended families from living in a single household since there is no compelling interest to justify such a rule.
15
Q
Intimate Sexual Conduct
A
- State has no legit interest in making it a crime for fully consenting adults to engage in private intimate sexual conduct that is not commercial in nature.
- Rational basis test b/c of lack of a legit gov interest.
- Ex. a state law making it a crime for members of the same sex to engage in sodomy violates DPC
16
Q
Freedom from Collection and Distribution of Personal Data
A
- Right of privacy does not prevent state from accumulating & computerizing names & addresses of patients for whom dangerous drugs are prescribed.
- And state can republish the recording of an official act, such as an arrest
17
Q
RIGHT TO VOTE
A
- 14th, 15th, 19th, 24th, & 26th Amends, all US citizens who are 18/older enjoy the right to vote.
- It extends to all national & state gov elections, including primaries.
- Right is fundamental; thus, restrictions on voting, other than on basis of age, residency, or citizenship, are invalid unless they can pass strict scrutiny
18
Q
Restrictions on Right to Vote: Residency Requirements
A
- Relatively short residency requirements restricting right to vote (ex. 30 days) are valid b/c there is a compelling interest in ensuring that only bona fide residents vote.
- However, longer residency requirements will probably be held invalid (ex. 1 year) b/c they discriminate against newer residents w/o a compelling reason, & thus violate EPC
- Such residency requirements might also violate right to travel interstate.
- Note also that Congress may override state residency requirements in presidential elections.
19
Q
.
A
.
20
Q
Members of Armed Forces
A
- Right to vote cannot automatically be denied to members of armed forces stationed at a particular locality.
- They must be given an opportunity to prove their bona fide residency.
21
Q
Compare—Nonresidents
A
- Laws that prohibit nonresidents from voting are generally valid if they have a rational basis.
- Ex. upholding denial of right to vote in city elections to persons outside of city limits, but w/in city’s police & licensing jurisdiction
22
Q
Identification
A
- State may require in-person voters to show a gov-issued voter ID.
23
Q
Property Ownership
A
- Conditioning right to vote, to be a candidate, or to hold office on property ownership is usually invalid under EPC, since property ownership is not necessary to any compelling governmental interest related to voting.
- Ex. requirement of owning property/having children in schools to vote in school board elections struck
- However, certain special purpose elections (ex. water storage district elections) can be based on property ownership.
24
Q
Poll Taxes
A
- Poll taxes are prohibited under 24th Amend, & also violate equal protection b/c wealth is not related to gov’s interest in having voters vote intelligently.
25
Q
Primary Elections: State Regulation of Party Primaries
A
- States may exercise some control over primary elections, but such regulation is subject to restrictions under 1st Amend (freedom of political association) & 14th Amend (EPC).
- States can require a person to have been registered w/ a party for a reasonable time b/f that party’s primary election in order to be eligible to vote in the primary.
- Ex. 11 months’ registration upheld & 23 months not upheld
- However, if a political party wishes to open its primary elections to anyone, whether/not registered w/ the party, state cannot prohibit this b/c the state interest here is overridden by right of political association.
26
Q
States May Subsidize Primaries of Major Parties
A
- States may subsidize primaries of major parties w/o similarly defraying costs of mechanisms through which minor parties qualify candidates for the general election
- Ex. upholding law requiring new/small parties to proceed by petition/convention at their own expense rather than by publicly funded primary if new/small parties are given some effective way to qualify for general election
- Ex. unduly burdensome petition requirements for new/small parties struck down as not justified].
27
Q
Dilution of Right to Vote: One Person, One Vote Principle
A
- EPC of 14th Amend has been interpreted to prohibit state dilution of right to vote, & Art I has been interpreted to place same type of restriction on fed gov
28
Q
Establishing Voting Districts
A
- Whenever gov body establishes voting districts for election of reps, number of persons in each district may not vary significantly.
- One person, one vote principle.
29
Q
Congressional Elections—Almost Exactly Equal
A
- States establish districts for congressional elections. - However, requires almost exact mathematical equality between congressional districts w/in a state; thus, deviations of even a few % points between congressional districts w/in a state may result in invalidation of congressional district plan.
