Fundamental Rights

Question 1

Violations of fundamental rights are analyzed under what standard?

Answer 1

strict scrutiny

Question 2

What are the three large umbrella “fundamental” rights?

Answer 2

right to privacy; right to vote; right to travel.

Question 3

When will a violation of the fundamental right to marry be analyzed under the rational basis standard?

Answer 3

where an inmate is trying to get married, due to penological interests.

Question 4

Can a state prohibit the distribution of nonmedical contraceptives to adults?

Answer 4

No

Question 5

Can a state limit the ability of a couple to reproduce?

Answer 5

No

Question 6

The SCOTUS’s abortion analysis is made up of what two rules?

Answer 6

a pre-viability rule and a post-viability rule.

Question 7

Pre-Viability Rule

Answer 7

before viability a state may adopt a regulation protecting the mother’s health and the life of the fetus if the regulation does not place an undue burden on or substantial obstacle to the woman’s right to obtain an abortion.

Question 8

Post-Viability Rule

Answer 8

once a fetus is viable, the state’s interest in the fetus’s life can override the woman’s right to obtain an abortion, but the state cannot prohibit the woman from obtaining an abortion if it is necessary to protect the woman’s health or safety.

Question 9

Does the government have a duty to pay for abortions?

Answer 9

No

Question 10

In regards to pornography, what rights does someone have?

Answer 10

You have a right to view pornography in your home, but do not have the right to sell, purchase, or transport such material.

Question 11

Zoning regulations which prevent family members, even extended ones, from living together are ____________.

Answer 11

invalid

Question 12

What rights do parents have in regards to their children?

Answer 12

parents have the fundamental right to make decisions concerning the care, custody and control of their children.

Question 13

Does the state have a legitimate interest in regulating consensual sexual conduct between two consenting adults?

Answer 13

No

Question 14

Can the state accumulate personal data on its citizens without violating the right to privacy?

Answer 14

Yes

Question 15

Are required periods of residency valid for allowing someone to vote in a state?

Answer 15

yes, if they are reasonable (e.g. 30 days)

Question 16

Can a state condition the right to vote on ownership of property?

Answer 16

Generally, no, except in special purpose elections.

Question 17

Poll taxes are . . .

Answer 17

unconstitutional.

Question 18

Can a state require that a person register early in order to vote in a primary?

Answer 18

Yes

Question 19

Can a state require that those voting in a party primary be registered members of that political party?

Answer 19

No

Question 20

States must use _________________________ when creating congressional districts within the state.

Answer 20

almost exact mathematical equality

Question 21

For state and local elections, the variance in the number of persons included in districts must be no more than what?

Answer 21

a few percentage points; i.e. about 3 points

Question 22

Can a state measure its equality of districts according to those eligible to vote or the total population?

Answer 22

Either one

Question 23

Does the apportionment requirement apply to representatives elected at-large?

Answer 23

No

Question 24

Must the state legislature draw congressional districts?

Answer 24

No, the states can have an independent body draw the districts.

Question 25

Candidate fees which cause indigents to be unable to run for office are . . .

Answer 25

unconstitutional

Question 26

Must the government give equal funding to all political parties in a race?

Answer 26

No, the government can give more money to the largest political parties in a race than to smaller ones.

Question 27

Is there a right to international travel?

Answer 27

No