Substantive Due Process Flashcards
Fundamental Rights include:
1) All First Amendment rights
2) the right to interstate travel
3) Privacy related rights
4) voting
Claims when gov denies fundamental rights of a targeted group
Due Proces
AND
Equal protection
Prviacy related rights
1) Marriage
2) Procreation
3) use of contraceptives
4) rights of parents
5) keeping extended family together
6) abortion? NOT ANY MORE
7) obscene reading material
NOT COVERED: Colelction and distribution of personal data
Marriage Exceptions
Prisons: upheld if reasonably related to legitimate penological interests
Age: minimum age reqs subject to rational basis
Rights of Parents
Companionship, care, custody, and upbrining of children
Abortion
No fundemental right in C. States may regulate.
Restrictions get rational basis
Obscene Reading Material
Freedom to read obscene material in one’s home (except CP), BUT NOT the right to sell, purchase, or transport such material
Right to (interstate) travel)
Right to travel state to state AND to be treated equally after moving into a new state
Examplkes:
1) tolls between states would be unconstitutional.
2) state can’t create first and second class citizens based on length of ones residency
——some exceptions based on resasonablness
Residency Restrictions. Valid vs invalid
Invalid:
1) one year residence to recieve full welfare benefits
2) One year residency to recieve state subsizdized medical care
3) One year residencey to vote in state
VALID:
1) 30 day residency to vote in state
2) one year residency to get divorced
Right to international travel
Not a fundemental right. So any law that rationally restricts it is okay.
Right to vote
Generally SS, but some restrictions for minor restrictions:
1) Short residency requirements
2) Voter ID
One Person, One Vote Principle
State and local elections: the populations of voting districts must be SUBSTANTIALLY EQUAL. 10% is presumptivley valid. If more than that, state must show that the deviation is reasonable and tailored to promote a legit gov interest.
Federal elections: population of congressional districts within a state must have almost mathematical equality.
Gerrymandering
Racial as a predominant factor: Strict Scrutiny
Partisan gerrymandering: nonjusticable issue
Right to Bear Arms
Protects right of individuals to bear arms for self defense. Includes right to keep a handgun at home and to carry in public.
BUT NOT SS TEST. HISTORICAL TRADITION TEST.
—regulations must be consistent with historical tradition of firearm regulation
Unspecified rights (standard of review unclear)
1) intimate sexual conduct (noncommercial)
2) right to refuse medical treatment
Court has protected, but not called it a fundemental right.
