Individual Rights- Contracts Clause/Privacy/right to bear arms

Question 1

What does the contracts clause say?

Answer 1

No state shall impair the obligations of

contracts.

Question 2

Who does the contracts clause apply to?

Answer 2

Applies only to state or local governments

Question 3

What contracts does the contracts clause apply to?

Answer 3

Applies only to interference with existing contracts

Question 4

What test must be met for State or local interference with private contracts? State the test

Answer 4

Intermediate Scrutiny
— Does the legislation substantially impair a party’s rights under an existing contract?
- If yes, the law will be upheld if it is a narrowly tailored means of promoting an important and legitimate public interest.

Question 5

What test must be met for State or local interference with government contracts? State the test.

Answer 5

Strict scrutiny
Does the legislation substantially impair an existing government contract?
-If yes, the law will be upheld if it is necessary to achieve a compelling government purpose.

Question 6

What is an ex post facto law?

Answer 6

An ex post facto law is a law that criminally punishes conduct that was lawful when it was done or that increases punishment for a crime after it was committed

Question 7

Does the ex post facto clause apply in a civil case?

Answer 7

No

Question 8

What test must retroactive civil liability meet?

Answer 8

Retroactive civil liability only need meet a rational basis test.

Question 9

What is a bill of attainder?

Answer 9

A bill of attainder is a law that directs the punishment of a specific person or persons without a trial.

Question 10

The right to privacy is a protected fundamental right under what?

Answer 10

substantive due process

Question 11

Is the right to marry a fundamental right under the right to privacy?

Answer 11

Yes

Question 12

Is the right to procreate a fundamental right under the right to privacy?

Answer 12

Yes

Question 13

Is the right to custody of one’s children a fundamental right under the right to privacy?

Answer 13

Yes

Question 14

Is the right to keep the family together a fundamental right under the right to privacy?

Answer 14

Yes

Question 15

Is the right to physician-assisted death a fundamental right under the right to privacy?

Answer 15

No Phil, you dumb ass. There is not a constitutional right to physician-assisted death.

Question 16

Is the right to control the upbringing of one’s children a fundamental right under the right to privacy?

Answer 16

Yes

Question 17

Is the right to purchase and use contraceptives a fundamental right under the right to privacy?

Answer 17

Yes

Question 18

Is the right to abortion a fundamental right under the right to privacy?

Answer 18

Yes

Question 19

Is the right to engage in private consensual homosexual activity protected under the right to privacy?

Answer 19

Yes Phil. You and Zach are protected to keep doing what you’re doing.

Question 20

Is the right to refuse medical treatment a fundamental right under the right to privacy?

Answer 20

Yes

Question 21

Can a state create a irrefutable presumption that a woman’s husband is the child’s father?

Answer 21

Yes

Question 22

Does the fundamental right to keep the family together include extended family?

Answer 22

Yes

Question 23

Can a state prohibit abortions prior to viability? What can they do?

Answer 23

No, Prior to viability, states may not prohibit abortions, but may regulate abortions so long as they do not create an undue burden on the ability to obtain abortions.

Question 24

Is a requirement for a 24 hour waiting period for

abortions an undue burden?

Answer 24

No

Question 25

Is a requirement that abortions be performed by

licensed physicians an undue burden?

Answer 25

No

Question 26

Is the prohibition of “partial birth abortions” an undue burden?

Answer 26

No

Question 27

After viability can states prohibit abortions?

Answer 27

Yes

Question 28

After viability can states prohibit abortions if an abortion is necessary to protect the mothers life or health?

Answer 28

No

Question 29

Does the government have a duty to subsidize abortions?

Answer 29

No

Question 30

Does the government have a duty provide abortions in public hospitals?

Answer 30

No

Question 31

Are Spousal consent and notification laws constitutional?

Answer 31

No

Question 32

A state may require parental notice and/or consent for an unmarried minor’s abortion under what conditions?

Answer 32

The state must create an alternative procedure where a minor can obtain an abortion by going before a judge who can approve the abortion by finding it would be in the minor’s best interests or that she is mature enough to decide for herself

Question 33

Who has the fundamental right to refuse medical treatment?

Answer 33

Competent adults

Question 34

Do competent adults have the right to refuse life-saving medical treatment?

Answer 34

Yes

Question 35

Can a state require clear and convincing evidence that a person wanted treatment terminated before it is the medical treatment is ended?

Answer 35

Yes

Question 36

If a person is a vegetable under what circumstances can medical treatment be refused for that person?

Answer 36

clear and convincing evidence that a person wanted treatment terminated before they were a vegetable

Question 37

Can a state prevent family members from terminating treatment for another?

Answer 37

Yes

Question 38

What amendment protects the right to bear arms?

Answer 38

2nd

Question 39

Is there a right to have guns in home for security?

Answer 39

Yes

Question 40

Do felons and mentally ill have a right to guns?

Answer 40

No

Question 41

Do you have a right to a gun in schools or airports?

Answer 41

No

Question 42

Is there a fundamental right to vote?

Answer 42

Yes, any regulation infringing upon this right is subject to strict scrutiny.

Question 43

Are residency requirements a valid restriction on the right to vote?

Answer 43

Yes, if they are reasonable

Question 44

Is conditioning the right to vote or hold office on ownership of property constitutional?

Answer 44

NO

Question 45

Are poll taxes constitutional?

Answer 45

NO

Question 46

How many votes per person in a local government election?

Answer 46

One, applies to any level of government.

Question 47

Name all the rights under the right of privacy?

Answer 47

Marriage
Use of contraceptives
Abortion
Obscene reading material 
Keeping extended family together
Rights of parents to raise child
Intimate sexual conduct

Question 48

A new law was passed in San Diego that prohibits the ownership of any medium depicting graphic homosexual penetration. Phil Anus owns nearly 10,000 items of such description. Some of the titles include: I’ll be Your Drill, Soldier, Plug and Engage, Gay Tentacles from Space, Sock it to me Santa, Magick’s Cucumber, Bodyguard to a Sex God, Little Squirrels can Climb Tall Trees, and There’s a Cock in this Book. Joe wishes to challenge the law. Assuming there is standing, will the law be found unconstitutional?

Answer 48

Unless the law meets strict scrutiny it will not be found to be constitutional.