Fundamental Rights Flashcards
In general, what are the fundamental rights?
- Interstate Travel
- Privacy
- Vote
- 1st amendment
What is included in right to privacy?
Marriage, procreation, contraception, childrearing
- law restricting rights of prison inmates to marry may be upheld if reasonably related to legitimate penological interests
What rule applies to abortion?
Normal strict scrutiny analysis does NOT apply, bc gov has two compelling interests.
- Pre-viability –> state may adopt regulation protecting mother’s health and life of fetus, if reg doesn’t put “undue burden” on woman’s right to obtain abortion
- Post-viability –> State’s interest in fetus’s life can override the woman’s right to obtain an abortion, BUT state cannot prohibit woman from obtaining abortion if it’s necessary to protect the woman’s health or safety
With regards to pre-viability abortion restrictions, what are examples of valid and invalid laws?
Undue burden:
- requiring woman to notify spouse of abortion
- requiring physicians who perform abortions to have admitting privileges at nearby hospital
Not Undue burden:
- Requiring doc to giv relevant info for informed consent
- 24 hour waiting period
- Parental consent/notice for minors (with judicial bypass option)
- Requiring that abortions be performed only by licensed physicians
- Barring partial birth abortion if other options are available
What is the rule regarding obscene material?
Right to privacy includes right to read obscene material in one’s own home (except child porn) (but not necessarily right to transport, sell, buy)
What is the rule regarding extended family and zoning?
Zoning regs that prevent family members (even extended) from living together are invalid
NOTE –> this does NOT extend to unrelated people
What is the rule regarding parenting?
Parents have a fundamental right to make decisions concerning the care, custody, and control of their children.
Example:
- send kid to private school
- block visitation with grandparents
What is the rule regarding sexual contact?
State has no legitimate interest in making it a crime for fully consenting adults to engage in non-commercial sexual act
What is the rule regarding state collecting/distribution personal data?
NO privacy right.
State may reasonably gather/distribute info about citizens, incl re: prescriptions
What is the general rule on right to vote?
Restrictions on right to vote, other than on basis of residence, age, and citizenship are INVALID unless they can pass strict scrutiny.
What is the rule re: right to vote and residency requirements?
- reasonable residency requirements OK (30 days).
- NOTE: in presidential elections, congress may override residency requirements and substitute their own
What is the rule re: right to vote and property ownership?
Conditioning right to vote/hold office on owning property is generally INVALID.
Exception –> special districts where only property owners are affected (Example –> special water districts)
What is the rule re: right to vote and poll taxes?
Unconstitutional.
What is the rule re: right to vote and primaries ?
- state may not prohibit political parties from opening their primaries to everyone
What is the “one person one vote” principal?
- applies to any level of gov, which selects representatives from individual districts (you count total population, not those eligible to vote)
Exceptions:
- appointed officials
- at large reps
- special purpose elections (water districts)
Congressional Elections:
- States –> must use “almost exact mathematical equality” when creating districts within state
- Congress –> gets more deference
State/Local Elections:
Variance in number of persons cannot exceed a few percentage points
