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Flashcards in Substantive Due Process Deck (15)
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What rights are protected by substantive due process?

Unenumerated rights = the rights not spelled out in the constitution


What personal rights receive strict scrunity?


Death (choose not to undergo unwanted medical procedures)

Education (private education)


Relatives (for related people to live together)



Possess obscenity (in one's home)

Sexual orientation


Right to Contraceptives

There is a fundamental right to use and use contraceptives


Fundamental right to Abortion

A woman has a protected privacy interest in choosing to have an abortion before the fetus is viable


When is regulation on pre-viability abortion unconstitutional?

if it imposes an undue burden on a woman’s right to choose an abortion


Examples undue burden?

  1. Total ban
  2. Spousal consent
  3. Spousal notification
  4. Recording patient names
  5. Parental consent without judicial bypass


Fundamental right to family relations

  • A fundamental right exists for related persons to live together.
    • A zoning ordinance prohibiting members of an extended family from living in a single household has been subjected to heightened scrutiny and held unconstitutional.
  • Parents were held to have a protected liberty interest concerning the control of visitation with their children by others, including grandparents. 


Right to Sexual Orientation

Gov't cannot criminalize same sex sexual activity

Level of scrutiny: rational basis review


Fundament Right to Education

Parents have a right to send their children to private school


Right to possess obscene materials

You have a right to possess obscene materials in the privacy of one's hom


This right does not extend to child pornography


Right to Die

Right to refuse medical procedures, even life-extending procedures


Right to Travel

You have a right to travel from state to state


But gov't can restrict international travel in the interest of national security


Right to Vote

fundamental right of U.S. citizens over age 18 to vote extends to all federal, state, and local elections, as well as to primaries. Strict scrutiny review is used to adjudicate restrictions on the right to vote. 


Amendments for voting

  • 15th Amendment -- bans race discrimination in voting
  • 19th Amendment -- bans gender discrimination in voting
  • 24th Amendment -- bans age discrimination in federal elections (also applies to states)
  • 26th Amendment -- bans age discrimination for 18 years +


Voting Restrictions that are consitutional

  • Reasonable residency requirements
  • Reasonable registration requirements
  • Reasonable time and manner regulations
  • Felon disenfranchisement