Substantive Due Process

Question 0

Contraceptives

Answer 0

Applies to single people, married people and minors.

Question 1

Fundamental rights

Answer 1

Must have substantive DP when govt regs affect fundamental rights of personhood. 
Strict scrutiny applies to restrictions on
1. Right to vote, 
2. Right to travel, 
3. Right to privacy, 
4. First amendment rights, 
5. Family rights, and
6. Other fundamental rights.

Question 3

Marriage

Answer 3

Any substantial interference with right must be necessary to further a compelling state interest.

Question 3

Family relations

Answer 3

Related persons have right to live together.

Question 4

Abortion

Answer 4

Protected privacy interest for the mom before viability.
State can regulate or prohibit after viability except where life or health of mom is at risk.
Can require parental consent for minor but must permit judicial bypass.

Question 5

Sexual orientation

Answer 5

Criminal statute prohibiting same sex relations furthered no legitimate state interest.

Question 7

Private education

Answer 7

Parents have right to privately educate their children.

Question 8

Obscene material

Answer 8

Allowed to possess porn, but govt can restrict sale, and distribution.
Crime for possession of child porn ok.

Question 9

Right to die

Answer 9

Not a fundamental right.

* But right to refuse life support is liberty interest under DP.

Question 10

Right to travel

Answer 10

Every citizen has right to travel between states.

Can’t require citizenship of a state for a particular period before allowing govt benefits.

Question 10

Takings clause

Answer 10

Property can be taken with just compensation. A taking is

1. Direct govt appropriation,
2. Regulatory taking,
3. Temporary restrictions,
4. Conditional permits.

Temporary restriction that causes only diminished value is not a taking.

Question 11

Right to vote

Answer 11

Strict scrutiny applies to law restricting right to vote for anyone over 18.
* But restrictions on who can be a candidate only requires a minimal rational basis.
Voting districts must be mathematically exact.