Substantive Due Process

Question 1

Substantive Due Process

Answer 1

the guarantee of substantive due process is based upon the ides that laws should be reasonable and not arbitrary

Question 2

Standard of Review: Strict Scrutiny

Answer 2

if gov’t action infringes upon a fundamental right

Question 3

Strict Scrutiny Test

Answer 3

the law must be the least restrictive means to achieve a compelling gov’t interest

neither over nor under inclusive; must be necessary or crucial

burden of proof is on the gov’t

Question 4

Standard of Review: Rational Basis

Answer 4

if the interest infringed upon is not fundamental

Question 5

Rational Basis Test

Answer 5

the law must be rationally related to a legitimate gov’t interest

gov’ts stated interest in enacting the law need not be the one that it offered when the law was passed; any legitimate reason will suffice

laws are presumed valid under this standard, so burden of proof is on the challenger to overcome this presumption by establishing that the law arbitrary or irrational

Question 6

Fundamental Rights

Answer 6

1. the right to travel (from state to state)
2. the right to privacy
3. the right to vote

Question 7

The Right to Travel

Answer 7

• from state to state
• reasonable residency requirements or waiting periods may be imposed on the receipt of some government benefit
• one a person qualifies as a resident, she must be treated equally

Question 8

The Right to Privacy

Answer 8

includes marriage, contraception, intimate sexual behavior, parental rights, family relations, obscene material, right to refuse medical treatment, and right to avoid disclosure of medical information

Question 9

The Right to Vote

Answer 9

• strict scrutiny does not apply to all laws that restrict this right
• the more significant the gov’t restriction, the greater the degree of scrutiny

Question 10

Public Office and Ballot Access

Answer 10

no fundamental right to hold office through election or appointment, but all persons do have a constitutional right to be considered for office without the burden of invidious discrimination

Question 11

Second Amendment

Answer 11

guarantees an individual’s right to possess a firearm, subject to lawful regulations