SDP and PDP Flashcards
Substantive Due Process Doctrine
1) when rights are fundamental courts apply strict scrutiny
2) when rights are non-fundamental, courts apply rational basis review
Fundamental Rights under SPD
1) right to marry
2) right to procreate
3) right to child custody
4) right to control child raising
5) right to contraceptives
6) right to interstate travel
7) right to vote
Fundamental rights of privacy
1) marriage
2) procreation
3) contraceptive
4) consensual adult sodomy (maybe quasi?)
5) parental rights
6) living with extended family
7) adult denial of medical treatment
Quasi-Fundamental rights
1) right to abortion
Non-fundamental rights
1) right to practice a trade or profession
2) right to physician-assisted suicide
3) right to education
4) freedom from random drug testing in public schools
Fundamental Right to Travel
States cannot impose overly lengthy residency waiting periods for govt benefits.
Waiting periods are ok when for non-vital services such as higher education (think in-state and out of state tuition).
BUT waiting periods are not ok when for vital life necessities such as welfare and medical assistance.
Fundamental right to vote
Cannot restrict right to vote except for age, citizenship, and residency.
Examples of bad: poll taxes, property ownership requirements, ballot qualifications
Congressional voting districts
1) 1 person, 1 vote with mathematical exactitude
2) Meaning that the districts need to be the same population #s within a state
State and Local voting districts
1) standard is more relaxed then federal
2) no unjustifiably large disparities in the number of voters per district may exist
PDP: Property
Property includes
1) any exiting entitlement to a specific benefit
2) under federal or state law
3) for which there is a legitimate expectation that the benefit continue OR
4) land and personal belongings
EXAMPLES: continued attendance at public school, continued receipt of welfare benefits, continued public employment
PDP: Liberty
Liberty includes
1) freedom from bodily injury or physical restraint OR
2) freedom to exercise fundamental rights
3) that have been impaired by an intentional govt action
Process Due
1) notice
2) fair hearing
3) unbiased decision maker
Mathews test
Balancing test:
1) importance of the interest to the P
2) ability of additional procedures to increase the accuracy of fact-finding
Weighed against
3) government’s interests in admin. efficiency and cost
What kind of hearing?
1) trial-type if benefit is a life necessity such as welfare, but not necessarily disability
2) notice and opportunity to respond before student suspension BUT may remove student if danger to persons or property (PUBLIC DANGER RATIONAL)
3) notice and opportunity to respond before “for cause” removal enough if given a trial-type evidentiary hearing after termination
