Fundamental Rights/EP

Question 1

Griswold

Answer 1

Connecticut law that prohibited the use of contraceptives. Court found const protected right to privacy. Unconstitutional

Question 2

Roe v Wade

Answer 2

Court found fundamental right to abortion. Women’s Interest in right to abotion first, then states interst in protecting woman;s life and health, then States interest in protecting fetis

Question 3

PP v Caset

Answer 3

Affirmed holding in Roe. Eliminate Trimester rule, new analysis Pre and Post Viability. PRE: State may The state may not place a substantial obstacle - No undue burdens on women seeking pre-viability abortions (i.e. no barriers to obtaining pre-viability abortion). POST: Post viability rule in Roe is also upheld; states may regulate and even proscribe these abortions.

Question 4

Buck v Bell

Answer 4

Young woman has been labeled as mentally retarded and given birth to a “mentally retarded” kid. State says that mentally incapacitated persons should be sterilized. CONSTITUTIONAL

Question 5

Skinner

Answer 5

Sterilization of Habitual Criminals. Procreation is a Fundamental Right. UNCONSTITUTIONAL

Question 6

Loving v Virginia

Answer 6

Fundamental Right to Marriage. The Court declared Virginia’s anti-miscegenation statute, the “Racial Integrity Act of 1924”, unconstitutional, thereby ending all race-based legal restriction on marriage in the United States.

Question 7

Zablocki

Answer 7

Wisconsin statute provides that members of a certain class of Wisconsin residents may not marry within the State or elsewhere, without first obtaining a court order granting permission to marry. UNCONSTITUTIONAL

Question 8

Moore

Answer 8

an ordinance which restricted housing to a single family and defined the family as a nuclear family, rather than an extended family, was unconstitutional and a violation of the Due Process Clause of the Fourteenth Amendment.

Question 9

Stanley

Answer 9

Children of unwed father become wards of the state upon the death of the monther. Stanley was not married and had three kids. Mom dies and state toke kids. COurt found that just beciase some unwed fathers are bad, not all are. UNCONSTITUONAL

Question 10

Pierce

Answer 10

Oregons Compulsory education act required children to be sent to public school. Law didnt give parents a right ot choose where kids would recieve education. This choice was found to be a liberty of the parents. UNCONSTITUIONAL

Question 11

Lawrence

Answer 11

Texas law prohibits anal sex by homosexual partners. Sexual Expression was found to be a psuedo fundamental right and therefore was found to be UNCONSTITUOINAL

Question 12

Bowers

Answer 12

No anal sex, NO fundamental right for homosexuals to engage in anal sex, Rational Basis used, CONSTUTIONAL

Question 13

Cruzan

Answer 13

Right to refuse meducal treatment could be used to take off of life support. CONSTITUIONAL

Question 14

Whalen v Roe

Answer 14

Patient Information not suffiecent enough to constitute a protected liberty. Rational Basis used, Constitutional

Question 15

Saenz

Answer 15

Cal limited welfare benefits to new residents to that of what they used to recieve for the first year living in california. Court reasoned that the fundamental right to travel includes to be a citizen and reap benefits of such citizenship. UNCONSTITUIONAL

Question 16

Harper

Answer 16

VA resident could register to vote without paying poll tax. A State’s conditioning of the right to vote on the payment of a fee or tax violates the Equal Protection Clause of the Fourteenth Amendment. UNCONSTITUIOANL

Question 17

Crawford

Answer 17

ID law required person to show ID or file affadavit 10 days after voting to be able to vote. COurt found this not to be a substantial barrier to voting. CONSTITUTIONAL

Question 18

Michael H and Gerald W

Answer 18

Child born into a marriage, but fathered by adulterous lover. LAw sstated any child born into a marriage is presumed to have been father by the husband. Court held the rights of a presumtpive father whose don much for the kid cannot be outweighed by paternity challenge. CONSTITUTIONAL

Question 19

Troxel

Answer 19

WA law allowed any poerson to pettion for visitation rights. Law found uncon as it infringes on parents right to control their children. UNCONSTITUIONIAL

Question 20

Eisenstatdt

Answer 20

MA law criminlized use of controcaeptive by unmarried people. Court found it was uncon based on EP. UNCONSTITIONAL

Question 21

Gonzales v Carhart

Answer 21

Law prohibiting partial-birth abortions. Court found not unduly prohibitive to abortion seeking women. CONSTITUTIONAL

Question 22

Bellotti

Answer 22

MA law requires parental consent to abotion. Doesnt place undue burden over getting one as child can still seek permission from courts. CONSTITUOINAL

Question 23

Glucksberg

Answer 23

Law prevented physician assisted suicide. Court reasoned suicide is not a fund right. CONSTITUTIONAL

Question 24

Daniels v Williams

Answer 24

Mere neglgence by state officials does not give rise to violation of due process based upon soviergn immnunity. CONSTRITUITONAL

Question 25

Sacramento v Lewis

Answer 25

Accidental killing not sufficuent enough to have deprived of due process rights.

Question 26

Deshaney v Winnebago

Answer 26

Govts failure to protect child from abusive father not siuffcient to deprive due proces rights. CONSTITIONAL

Question 27

Castlerock v Gonzales

Answer 27

Govts failure to enforce protective order which led to three children dying not a violation of due process rights, CONSTITUIONAL

Question 28

Boddie v CT

Answer 28

CT statute provented peeople from accessing the courts for divorce due to inability to pay. COurt held that inability to pay alone cannot bar access to courts. UNCONSTITUTIONAL