Substantive Due Process

Question 1

What test for restrictions on marriage?

Answer 1

Substantial interference with right to marry gets SS. Reasonable requirements to protect rather than hinder get RBR.

Question 2

What test for restrictions on procreation?

Answer 2

Strict scrutiny

Question 3

What test for restrictions on interstate travel?

Answer 3

Strict scrutiny

Question 4

What test for restrictions on voting based on age, residency, and citizenship?

Answer 4

RBR

Question 5

What test for restrictions on living w/ extended family?

Answer 5

Strict scrutiny

Question 6

What test for restrictions on abortion?

Answer 6

Undue burden test

Question 7

What test for restrictions on economic rights?

Answer 7

Rational basis

Question 8

What test for restrictions on education?

Answer 8

Rational basis

Question 9

What standard is required for one person one vote?

Answer 9

For state and local reps, EP requires population of voting districts be substantially equal (up to 16% upheld, anything below 10% presumptively valid). For fed reps, must be as close to mathematical equality as practicable.

Question 10

Validity of 1-year residency requirement to receive full welfare benefits

Answer 10

Invalid

Question 11

Validity of 1-year residency requirement to receive state-subsidized medical care

Answer 11

Invalid

Question 12

Validity of 1-year residency requirement to vote in state

Answer 12

Invalid

Question 13

Validity of 30-day residency requirement to vote in state

Answer 13

Valid

Question 14

Validity of 1-year residency requirement to divorce in state

Answer 14

Valid