Substantive Due Process (5th)

Question 1

Substantive DPC

Answer 1

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

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

Question 2

Fund. Right - Travel

Answer 2

Domestic / Residence Restrictions: SS

Foreign: RBR

Question 3

Fund. Right - Voting

Answer 3

• 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

Question 4

Fund. Right - Guns

Answer 4

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

Question 5

Fund. Right - Med Tx

Answer 5

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

Question 6

Fund Right - Abortion

Answer 6

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

Question 7

Fund. Right - Relations familial

Answer 7

Keep extended family together

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

Question 8

Fund. Right - Sex

Answer 8

In private, level uknown