Individual Rights- Contracts Clause/Privacy/right to bear arms Flashcards Preview

Constitutional Law > Individual Rights- Contracts Clause/Privacy/right to bear arms > Flashcards

Flashcards in Individual Rights- Contracts Clause/Privacy/right to bear arms Deck (48)
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1
Q

What does the contracts clause say?

A

No state shall impair the obligations of

contracts.

2
Q

Who does the contracts clause apply to?

A

Applies only to state or local governments

3
Q

What contracts does the contracts clause apply to?

A

Applies only to interference with existing contracts

4
Q

What test must be met for State or local interference with private contracts? State the test

A

Intermediate Scrutiny
— Does the legislation substantially impair a party’s rights under an existing contract?
- If yes, the law will be upheld if it is a narrowly tailored means of promoting an important and legitimate public interest.

5
Q

What test must be met for State or local interference with government contracts? State the test.

A

Strict scrutiny
Does the legislation substantially impair an existing government contract?
-If yes, the law will be upheld if it is necessary to achieve a compelling government purpose.

6
Q

What is an ex post facto law?

A

An ex post facto law is a law that criminally punishes conduct that was lawful when it was done or that increases punishment for a crime after it was committed

7
Q

Does the ex post facto clause apply in a civil case?

A

No

8
Q

What test must retroactive civil liability meet?

A

Retroactive civil liability only need meet a rational basis test.

9
Q

What is a bill of attainder?

A

A bill of attainder is a law that directs the punishment of a specific person or persons without a trial.

10
Q

The right to privacy is a protected fundamental right under what?

A

substantive due process

11
Q

Is the right to marry a fundamental right under the right to privacy?

A

Yes

12
Q

Is the right to procreate a fundamental right under the right to privacy?

A

Yes

13
Q

Is the right to custody of one’s children a fundamental right under the right to privacy?

A

Yes

14
Q

Is the right to keep the family together a fundamental right under the right to privacy?

A

Yes

15
Q

Is the right to physician-assisted death a fundamental right under the right to privacy?

A

No Phil, you dumb ass. There is not a constitutional right to physician-assisted death.

16
Q

Is the right to control the upbringing of one’s children a fundamental right under the right to privacy?

A

Yes

17
Q

Is the right to purchase and use contraceptives a fundamental right under the right to privacy?

A

Yes

18
Q

Is the right to abortion a fundamental right under the right to privacy?

A

Yes

19
Q

Is the right to engage in private consensual homosexual activity protected under the right to privacy?

A

Yes Phil. You and Zach are protected to keep doing what you’re doing.

20
Q

Is the right to refuse medical treatment a fundamental right under the right to privacy?

A

Yes

21
Q

Can a state create a irrefutable presumption that a woman’s husband is the child’s father?

A

Yes

22
Q

Does the fundamental right to keep the family together include extended family?

A

Yes

23
Q

Can a state prohibit abortions prior to viability? What can they do?

A

No, Prior to viability, states may not prohibit abortions, but may regulate abortions so long as they do not create an undue burden on the ability to obtain abortions.

24
Q

Is a requirement for a 24 hour waiting period for

abortions an undue burden?

A

No

25
Q

Is a requirement that abortions be performed by

licensed physicians an undue burden?

A

No

26
Q

Is the prohibition of “partial birth abortions” an undue burden?

A

No

27
Q

After viability can states prohibit abortions?

A

Yes

28
Q

After viability can states prohibit abortions if an abortion is necessary to protect the mothers life or health?

A

No

29
Q

Does the government have a duty to subsidize abortions?

A

No

30
Q

Does the government have a duty provide abortions in public hospitals?

A

No

31
Q

Are Spousal consent and notification laws constitutional?

A

No

32
Q

A state may require parental notice and/or consent for an unmarried minor’s abortion under what conditions?

A

The state must create an alternative procedure where a minor can obtain an abortion by going before a judge who can approve the abortion by finding it would be in the minor’s best interests or that she is mature enough to decide for herself

33
Q

Who has the fundamental right to refuse medical treatment?

A

Competent adults

34
Q

Do competent adults have the right to refuse life-saving medical treatment?

A

Yes

35
Q

Can a state require clear and convincing evidence that a person wanted treatment terminated before it is the medical treatment is ended?

A

Yes

36
Q

If a person is a vegetable under what circumstances can medical treatment be refused for that person?

A

clear and convincing evidence that a person wanted treatment terminated before they were a vegetable

37
Q

Can a state prevent family members from terminating treatment for another?

A

Yes

38
Q

What amendment protects the right to bear arms?

A

2nd

39
Q

Is there a right to have guns in home for security?

A

Yes

40
Q

Do felons and mentally ill have a right to guns?

A

No

41
Q

Do you have a right to a gun in schools or airports?

A

No

42
Q

Is there a fundamental right to vote?

A

Yes, any regulation infringing upon this right is subject to strict scrutiny.

43
Q

Are residency requirements a valid restriction on the right to vote?

A

Yes, if they are reasonable

44
Q

Is conditioning the right to vote or hold office on ownership of property constitutional?

A

NO

45
Q

Are poll taxes constitutional?

A

NO

46
Q

How many votes per person in a local government election?

A

One, applies to any level of government.

47
Q

Name all the rights under the right of privacy?

A
Marriage
Use of contraceptives
Abortion
Obscene reading material 
Keeping extended family together
Rights of parents to raise child
Intimate sexual conduct
48
Q

A new law was passed in San Diego that prohibits the ownership of any medium depicting graphic homosexual penetration. Phil Anus owns nearly 10,000 items of such description. Some of the titles include: I’ll be Your Drill, Soldier, Plug and Engage, Gay Tentacles from Space, Sock it to me Santa, Magick’s Cucumber, Bodyguard to a Sex God, Little Squirrels can Climb Tall Trees, and There’s a Cock in this Book. Joe wishes to challenge the law. Assuming there is standing, will the law be found unconstitutional?

A

Unless the law meets strict scrutiny it will not be found to be constitutional.