Substantive Due Process

Question 1

Judicial Review of Substantive Due Process

Answer 1

When rights are fundamental courts generally apply strict scrutiny.

When rights are non-fundamental courts generally apply rational basis review

Question 2

Fundamental Rights

Answer 2

Marriage, divorce, procreation, contraception, consensual adult sodomy, parental rights, living with extended family, adult denial of medical treatment.

Question 3

Right of Abortion

Answer 3

Before viability, an abortion regulation to prect mother’s health or fetal life MUST NOT place and UNDUE BURDEN on woman’s right to obtain an abortion

after viability, government may prohibit all abortions, unless procedure is necessary to protect woman’s life or health.

Question 4

Right to Interstate Travel

Answer 4

Basic life necessities = strict scrutiny

Question 5

Right to Vote

Answer 5

Restriction other than age or citizenship are invalid

Question 6

Right to Vote: Voting Districting Plans

Answer 6

Courts will apply one person, one vote of review with mathematical exactitude for federal election purposes.

For state and local elections, that standard is more relaxed: No unjustifiably large disparities in number of voters may exists among districts.

Question 7

Economic Liberties

Answer 7

Regulations of economic activities are viewed under rational basis review: regulating business licenses or labor practices/ policy for terminating public employees/ administering public benefits.