Fundamental Rights

Question 1

fundamental rights

Answer 1

are treated under both 5A SDP and 14A EP
* SDP: applies if a right is denied to all
* EP: applies if right is denied to some but not others

Non-fundamental rights: govt acts that do NOT implicate fundamental rights receive rational basis review

Question 2

types of fundamental rights

Answer 2

1. right to privacy
2. right to vote
3. right to travel

Question 3

right to vote

Answer 3

usually implicated under EP clause
* 24A: no poll tax
* one person, one vote
* political gerrymandering = political question

Question 4

right to travel

Answer 4

usually implicated under EP clause

Interstate travel
* CAN be tolled
* equal treatment in new state
* some residency restrictions ok
* NOT international travel (no right to travel internationally)

Question 5

right to privacy

Answer 5

an inferred right that encompasses several rights with varying levels of scrutiny

Question 6

right to privacy (strict scrutiny review)

Answer 6

1. right to marry (but not age requirements)
2. right to procreate
3. right to contraceptives
4. rights concerning family & children
   * right to custody of one’s children (incl. extended family)
   * right to keep family together
   * right to control children’s upbringing (incl. educational choices)

Question 7

right to privacy (separate and unknown levels or reveiw)

Answer 7

rational basis test usually for unknowns

1. right to engage in private, consensual homosexual activity (unknown)
2. right to refuse medical treatment (unknown)
3. right to bear arms (at least intermediate scrutiny)

used to include right of abortion before Roe v. wade was overturned