Substantive Due Process

Question 1

Rule for Federal and State Government Imposing conditions on the commercial sale of fire arms

Answer 1

The Second Amendment guarantees an individual’s right to possess a firearm unconnected with service in a militia, and to use that firearm for traditionally lawful purposes, such as self-defense within the home, but this right is not unlimited.

Federal and state governments may impose conditions and qualifications on the commercial sale of arms, and may prohibit the possession of firearms by felons and the mentally ill.

Question 2

Substantive Due Process

Answer 2

The Due Process Clause of the Fifth Amendment applies against the federal government, and provides that “no person shall be…deprived of life, liberty, or property, without due process of law.” The Due Process Clause contains a substantive component that guarantees certain fundamental rights, including the right to travel among the states. This includes the right to enter one state and leave another and to be treated as a welcome visitor. Because this law impinges on a fundamental right, it is subject to strict scrutiny.

Question 3

Public facilities and public employees performing abortions

Answer 3

A state may prohibit all use of public facilities and public employees in performing abortions. Although a woman has a constitutional right to have an abortion, the state is not constitutionally required to permit abortions at a state owned or operated facility.