Substantive Due Process

Question 1

What type of scrutiny will courts apply to a governmental deprivation of non-fundamental rights?

Answer 1

rational basis review

Question 2

Rational basis review for governmental deprivations of non-fundamental rights

Answer 2

government may deprive individuals of their non-fundamental rights in order to further a legitimate government interest, so long as the deprivation is not unfair, irrational, or arbitrary

Question 3

What type of scrutiny will the court apply to a deprivation of fundamental rights?

Answer 3

strict scrutiny

Question 4

test for government deprivation of fundamental rights (strict scrutiny)

Answer 4

The government may only deprive individuals of their fundamental rights when the interference is:

1. Necessary
2. Narrowly tailored
3. To achieve a legitimate objective
4. That furthers a compelling government interest

Question 5

What are the fundamental rights?

Answer 5

1. contraception and abortion
2. marriage and family
3. sexuality
4. life
5. death

Question 6

How do courts determine whether there is a violation of procedural due process?

Answer 6

balancing test of three factors:

1. the private interest affected by the official action
2. the risk of erroneous deprivation under the contested procedures, as well as the probable value of additional or submitted safe guards
3. The government’s interest, including the fiscal and administrative burden imposed by additional or substitute safeguards

Question 7

The court will apply a standard of strict scrutiny to discriminatory laws:

Answer 7

1. Deny fundamental rights to individuals OR

2. Target suspect classifications of individuals

Question 8

suspect classifications

Answer 8

generally target individuals based on race, nationality or (in state or local laws) alienage

Question 9

The government may intentionally deny a fundamental right or target a suspect individual if:

Answer 9

the law is narrowly tailored (using the least restrictive means) to further a compelling government interest

Question 10

The court will apply a standard of _____ scrutiny to discriminatory laws that target semi-suspect/quasi-suspect classifications of individuals based on gender or illegitimacy

Answer 10

intermediate

Question 11

The right of a family to live together (even if non-nuclear) is a _________ right.

Answer 11

fundamental

Question 12

The right to marry is a ______ right.

Answer 12

fundamental

Question 13

The right to use contraceptives is a _______ right.

Answer 13

fundamental

Question 14

A person’s right to control the education of their own children is a ____________ right.

Answer 14

fundamental

Question 15

______________ is implicated any time the government infringes upon a fundamental right.

Answer 15

Substantive due process

Question 16

What is the first step into any substantive due process inquiry?

Answer 16

Determine whether a fundamental right is involved

Question 17

The right to physician assisted suicide is a __________ right.

Answer 17

non-fundamental