Fundamental Rights Flashcards
Violations of fundamental rights are analyzed under what standard?
strict scrutiny
What are the three large umbrella “fundamental” rights?
right to privacy; right to vote; right to travel.
When will a violation of the fundamental right to marry be analyzed under the rational basis standard?
where an inmate is trying to get married, due to penological interests.
Can a state prohibit the distribution of nonmedical contraceptives to adults?
No
Can a state limit the ability of a couple to reproduce?
No
The SCOTUS’s abortion analysis is made up of what two rules?
a pre-viability rule and a post-viability rule.
Pre-Viability Rule
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.
Post-Viability Rule
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.
Does the government have a duty to pay for abortions?
No
In regards to pornography, what rights does someone have?
You have a right to view pornography in your home, but do not have the right to sell, purchase, or transport such material.
Zoning regulations which prevent family members, even extended ones, from living together are ____________.
invalid
What rights do parents have in regards to their children?
parents have the fundamental right to make decisions concerning the care, custody and control of their children.
Does the state have a legitimate interest in regulating consensual sexual conduct between two consenting adults?
No
Can the state accumulate personal data on its citizens without violating the right to privacy?
Yes
Are required periods of residency valid for allowing someone to vote in a state?
yes, if they are reasonable (e.g. 30 days)
Can a state condition the right to vote on ownership of property?
Generally, no, except in special purpose elections.
Poll taxes are . . .
unconstitutional.
Can a state require that a person register early in order to vote in a primary?
Yes
Can a state require that those voting in a party primary be registered members of that political party?
No
States must use _________________________ when creating congressional districts within the state.
almost exact mathematical equality
For state and local elections, the variance in the number of persons included in districts must be no more than what?
a few percentage points; i.e. about 3 points
Can a state measure its equality of districts according to those eligible to vote or the total population?
Either one
Does the apportionment requirement apply to representatives elected at-large?
No
Must the state legislature draw congressional districts?
No, the states can have an independent body draw the districts.
