Individual liberties

Question 1

what is procedural due process?

Answer 1

procedures that govt must follow to take away someones

1) life
2) liberty
3) property

Question 2

how is liberty defined

Answer 2

loss of liberty occurs when there is a loss of a significant freedom provided by constitution or statue

Question 3

how is property defined

Answer 3

an ENTITLEMENT (a reasonably continued receipt of the benefit)

Question 4

is government negligence enough for deprivation of due process?

Answer 4

NO, usually need intentional government action or at least recklessness

Question 5

does governments failure to protect people from privately inflicted harms deny due process

Answer 5

NO.

x/c if govt created danger or person was in government custody

Question 6

what procedures are required if deprivation (balance test)

Answer 6

1) private individuals interest
2) ability of procedures to increase fact finding (safeguards)
3) governments interest (money and efficiency)

Question 7

examples for what type of procedures needed

Answer 7

1) welfare benefits termination: both notice and hearing
2) permanent termination of parent’s right to custody: both notice and hearing
3) student disciplined by school: notice of charges and chance to explain to administration
4) harm to reputation by itself is NOT LOSS of liberty

Question 8

what has substantive due process been used to protect (2 things)

Answer 8

1) economic liberties and

2) safe guard property

Question 9

what type of std is used to protect economic liberties

Answer 9

RBR.

Question 10

what is the test for takings clause

Answer 10

1) is there a taking
2) is it for public use
3) is there just compensation

Question 11

what is a taking under takings clause (2 ways)

Answer 11

1) possessory taking: govt confiscation or physical occupation of property is always a taking. Also includes govt action that significantly damages property or impairs its use
2) regulatory taking: government regulation is a taking if it leaves NO REASONABLE ECONOMICALLY VIABLE use of property

Question 12

is temp denying an owner use of property a taking?

Answer 12

No if taking so long as the government’s action is reasonable

Question 13

what is for public use

Answer 13

acts out of reasonable belief that taking will benefit the public.

Question 14

how to determine just compensation

Answer 14

fair market value.

Question 15

how is just compensation measured??

Answer 15

in terms of LOSS to the owner in reasonable market value terms and the gain to Govt is irrelevant.

Question 16

when are ex post facto laws unconst.

Answer 16

only in criminal cases, not apply to civil cases

Question 17

what std of review does privacy get under fundamental rights?

Answer 17

strict scrutiny

Question 18

examples of privacy rights for a fundamental right that require strict scrutiny

Answer 18

1) right to marry
2) right to procreate
3) right to custody of ones children
4) right to keep the family together
5) right of parents to control the upbringing of their children
6) the right to purchase and use contraceptives
7) right to abortion (undue burden)
8) right to engage in private consensual same-sex activity
9) right to refuse medical treatment
10) second amendment right to bear arms in home
11) right to travel
12) the right to vote
13) freedom of speech
14) freedom of association
15) free exercise of religion

Question 19

what is the standard of review for right to abortion prior to viability

Answer 19

undue burden

Question 20

examples of undue burden on state for abortion

Answer 20

1) requiring physician to have admitting privileges at nearby hospital
2) the govt has NO duty to subsidize abortions
3) spousal consent or notification
4) parental notice and consent UNLESS judge exception

Question 21

examples of not undue burden for abortion

Answer 21

1) 24 hour waiting period for abortions
2) abortions performed by licensed physicians
3) prohibition on partial birth abortions

Question 22

what is the rule for abortions after viability

Answer 22

states may prohibit abortions UNLESS necessary to protect the woman’s life or health

Question 23

the right to refuse medical treatment

Answer 23

1) competent adults have the right to refuse medical treatment even life saving
2) needs clear and convincing evidence

Question 24

can a state prevent family members from terminating treatment of another?

Answer 24

Yes

Question 25

is there a const right to physician assisted suicide?

Answer 25

no

Question 26

what is the max amount of days for voting purposes that a state can put on a new resident?

Answer 26

50 days

Question 27

is there a fundamental right to international travel?

Answer 27

NO. only need rational basis review

Question 28

are voting restrictions meant to prevent fraud allowed?

Answer 28

Yes

Question 29

how must the county measure population for 1P1V?

Answer 29

bu the whole population not just the voting population

Question 30

is there a fundamental right to education under EPC?

Answer 30

NO.

Question 31

what is the test for P and I of 4th amendment

Answer 31

SUBSTANTIAL JUSTIFICATION
- where discrimination of non-resident in favor of own citizen with commercial license.

• any statute violation unless shows SUBSTANTIAL JUSTIFICATION

Question 32

Can cities place limitaion on amount of people who work on city projects must be citizens of city?

Answer 32

NO against privileges and immiunites of 4th amendment. Requirement that private contractors on city projects employ a certain percentage of city residents substantially interferes with the right