Substantive Due Process (5th) Flashcards

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1
Q

Substantive DPC

A

Adq. reason (SS) for interfering w/ fundamental rights

  • Travel, Vote, Guns, Med Tx, CAMPERS
  • Contraception, Abortion, Marriage, Procreate, Education (private), Relations familial, Sex
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2
Q

Fund. Right - Travel

A

Domestic / Residence Restrictions: SS

Foreign: RBR

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3
Q

Fund. Right - Voting

A
  • laws preventing fraud ok if on balance desirable
  • at large election ok if no discrim intent
  • violates DPC to count votes w/out preset standards
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4
Q

Fund. Right - Guns

A

2008 right to have gun at home for safety
Level unknown
Not absolute: an regulate who, where, types

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5
Q

Fund. Right - Med Tx

A

Competent adult can refuse
Level unknown, but state can req. C+C E
Can ban one from terminating other’s
No right to dr. assisted suicide

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6
Q

Fund Right - Abortion

A

Pre-Viability: no ban, can reg. if no undue burden
Post-Viability: can ban except woman’s life/health

  • No subsidy required
  • Parental consent okay if adq. alt’s
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7
Q

Fund. Right - Relations familial

A

Keep extended family together

Control kid’s upbringing (prevent grandparents, irr. pres. . married husband is father = ok)

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8
Q

Fund. Right - Sex

A

In private, level uknown

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