Substantive Due Process Flashcards
1
Q
What are fundamental rights for substantive due process?
A
Travel
- State an impose reasonable residency requirements for political participation and government benefits. One year it generally too long except in in-state tuition and divorce jurisdiction.
Voting and Ballot Access
- Poll taxes not allowed.
- 30-day residency is ok.
- Congress controls residency for presidential elections.
Privacy
- Marriage
- Contraceptives
- Sexual Intimacy - State has no legitimate interest.
- Abortion - no undue burden. Right to terminate until viable fetus. Informed consent, waiting period of 24 hours, parent notification for minors are ok. Parent (for adults) or spousal consent not allowed.
- Parental rights
- Family Relations - live close
- Obscene Material
2
Q
Is earning a living a fundamental right?
A
Yes
