Substantive Due Process Flashcards
Substantive Due Process requires that the right be _____.
Fundamental
Examples of fundamental rights (list at least 4):
Marriage Procreation Contraceptive use Rights of parents Keeping extended family together Abortion Obscene reading materials Right to vote
Abortion rule (for now):
Pre-viability: no undue burdens
Post-viability: state can prohibit unless an abortion is necessary to protect pregnant person’s health or safety
Fundamental right to interstate travel includes both:
Right to actually travel from state to state, and
Right to be treated equally after moving into new state
Population of voting districts for state and local elections must be:
Substantially equal, although deviations are allowed when they are reasonable and tailored to promote legitimate interest
Congressional districts must be almost ____ apportioned within a state.
Exactly mathematically equally
Racial gerrymandering cannot be the _____. Political gerrymandering is _____.
Predominant factor in drawing voter boundaries; not justiciable
Unspecified rights (3):
Intimate sexual conduct
Right to refuse medical treatment
Right to bear arms — in homes for self-defense
Right to bear arms has what level of scrutiny?
Dunno, but definitely more than rational basis review
