Substantive Due Process Flashcards
Loving v. Virginia
(Interracial couple case) The right to marry is a long recognized fundamental right that is a vital personal right essential to the pursuit of happiness.
- Strict Scrutiny
Substantive Due Process (description)
Substantive due process is a judicially created principle that provides courts a mechanism to protect fundamental right from government interference under the authority of the 5th and 14th amendment, which prohibits federal and state governments from depriving any person of “life, liberty, or property without due process of law.”
Belle Terre v. Boraas
(commune living) It is not a fundamental right for unrelated individuals to live together
-Rational review
Fundamental Rights Analysis (DP v EP)
If denied to everyone, due process violation of liberty interest under 5th and 14th.
If denied to some, violation of 14th Amendment Equal protection
Strict Scrutiny
The law/action must be necessary to achieve a compelling purpose (necessary=least restrictive alternative)
Rational Review
The law/act must be rationally related to legitimate government purpose
Fundamental Rights Analysis
1) Is it a fundamental right?
2) Is the right infringed?
3) Is there significant justification?
4) Are the means sufficiently related to the end?
Contraception cases
1) Griswold v. Conneticut:
- Married couples have a fundamental, constitutionally protected right to use contraception
2) Eisenstadt v. Baird:
- Unmarried people have a fundamental, constitutionally protected right to use contraception.
Zablocki v. Redhail
A Law requiring up to date child support as a precondition for marriage violates equal protection.
Turner v Safley
Requiring prison authorities’ approval for an inmate’s marriage violates due process
Moore v. East Cleveland
(Grandmother sharing home with two grandsons who were cousins) There is a fundamental right to keep family together.
A city cannot limit housing to certain types of familial relationships.
Troxel v Granville
Parents have a fundamental right to control their children’s upbringing.
A mother ha a substantive due process right to decide who can visit with her children
Cruzan v. Director, Missouri Dept of Health
(Right to refuse medical treatment- 25 year old in accident leaving her in vegetative state)
- A competent adult can refuse medical treatment, including terminating food/water
- A state can require clear and convincing evidence of that desire
- A state can prevent family members from refusing on someone’s behalf.
Washington v. Glucksberg
There is no constitutional right to physician-assisted suicide
Lawrence v. Texas
There is a substantive due process right to private homosexual conduct.
