Substantive Due process

Question 1

where do fundamental rights come from?

Answer 1

either enumerated in the constitution or deeply rooted in the nations history and tradition and essential to concept of ordered liberty

Question 3

residency requirements for entitlements?

Answer 3

1 year residency for full welfare, state subsized medial care, voting –> invaid
-30 day residency to get divorced or vote in state valid

Question 4

is right to international travel a fundamentla right

Answer 4

NO but protected from arbitrary fed interference by dur process clause (rational basis standard)

Question 5

restrictions on right to vote?

Answer 5

-cant condition on property ownership or poll tax
-can require u show id, can have reasonable residency requirement (feds can use their standard for federal elections and override state requirements this way), can require early registration to vote in primaries (but cant prohibit political parties from opening their primary voting to anyone)

Question 6

one person one vote principle

Answer 6

applies whenever any level of gov decides to select reps to a gov body by popular election from individual districts

doesnt apply for elections of those who dont do normal gov auth (special interest like water storage district)

Question 7

voter dilution for state and local elections

Answer 7

populations of voting districts must be substantially equal
-deviation from mathematical equality must be reasonable and tailored to promote a legit state interest (like preserving political subivisions)

10% variance is presumptively valid

Question 8

voter dilution for congressional elections

Answer 8

states must use almost exact mathematical eqality when creating congressional districts in state; Congressional apportionment of reps among states gets deference and is not subject to precise math formula (not applicable to those appointed or elected at large)

can count total pop not just those eligible to vote

Question 9

when can u gerrymander

Answer 9

yes for political gerrymandering no for racial gerrmymandering unless strict scrutiny is met

Question 10

candidate qualifications for office

Answer 10

cant charge a fee that precludes indigents and ballot access regulation must be reasonable, non discrim means of promoting importan state interest

Question 11

2nd am right & standard of review

Answer 11

reg of gun rights must be justified by gov demonstrating it is consistent with historical tradish of firearm reg; gun permit laws must have clear criteria to be valid

Question 12

state reg of intimate sexual conduct

Answer 12

state has no legit interest in making it a crime for fully consenting adults to engage in private intimate sexual conduct that is not commercial in nature

unclear what test the court applied tho

Question 13

right to refuse medical treatment

Answer 13

part of liberty under 5th and 14 am due process clauses unclear what standard of review
-no right to physician assisted suicide tho
-states can compel vaccination againt contagious diseases