Substantive Due Process

Question 1

Fundamental Right Standard of Review

Answer 1

Strict Scrutiny

Question 2

Other Rights - Standard of Review

Answer 2

Rational Basis

Question 3

Strict Scrutiny

Answer 3

Law is necessary to achieve a compelling government purpose. BOP on Gov.

Question 4

Intermediate Scrutiny

Answer 4

Law is substantially related to an important gov purpose

Question 5

Rational Basis

Answer 5

Law is rationally related to a legitimate Gove Purpose

BOP on challenger

Question 6

Fundamental Rights

Answer 6

Right to Travel (interstate)
Right to Vote
Right to Privacy

Question 7

Restriction on voting bc of residency

Answer 7

Rational Basis Review

Question 8

Voting: Length of Residency

Answer 8

Person may be required to be a resident of state or city for short period prior to an election in order to vote (3 months and one year are too long…50 days OK)

Question 9

Poll Taxes

Answer 9

Payment of a fee in order to vote in election is Prohibited

Question 10

Voting: Felons

Answer 10

State may prohibit a felon from voting

Question 11

Privacy: Marriage

Answer 11

Fundamental right to marry

Question 12

Privacy: Contraceptives

Answer 12

Married and unmarried person can use contraceptives

Question 13

Privacy: Abortion

Answer 13

Pre-viability: Gov can’t prohibit abortion prior to viabiliyt. Can only regulate w/ no undue burden (i.e. protecting mother’s health and life of the fetus.)

Post-Viability: State can regulate and even prohibit abortion.

Question 14

Privacy - Abortion: Undue Burden

Answer 14

Notifying spouse about abortion is undue burden and can’t be compelled

Question 15

Privacy - Abortion: no undue burden

Answer 15

24 hour waiting period
Licensed Physicians to perform procedure
Parental consent or notice for minors (depending on maturity.)

Question 16

Privacy - Abortion: Gov Funding

Answer 16

Government has no obligation to pay for abortions

Question 17

Privacy: Family relations

Answer 17

Related persons have a fundamental right to live together in a single household

Question 18

Privacy: Obscene Material

Answer 18

Right to possess obscene material in the privacy of one’s home. State can restrict the sale, purchase, receipt, or distribution.

Child Porn is always illegal.

Question 19

Privacy: Medical Treatment

Answer 19

Person may not be forced to undergo medical procedures including lifesaving measures.

State CAN ban assisted suicide.

Question 20

Second Amendment

Answer 20

Right to bear arms is not unlimited…can impose conditions and qualifications on sale, etc.

Question 21

Privacy - Abortion: State Owned Facility

Answer 21

State may prohibit abortions in a public/state owned facility, even if it is pre-viability.

Question 22

Privacy: Abortion and persuasion

Answer 22

Statute making it mandatory for doctors to try and persuade a mother not to have an abortion is legal and doesn’t constitute an undue burden