What other Rights do you have? Due Process Flashcards
(48 cards)
Where is Due Process found?
5A/14A
What does the Due Process Clause state?
“Nor shall any State deprive any person of life, liberty, or property, without due process of law.”
What is Incorporation?
The application of the Bill of Rights to the states via the 14th Amendment.
What is Selective Incorporation?
Rights are incorporated to the states one by one, not all at once.
Which rights are NOT incorporated?
5A grand jury requirement, 7A civil jury trial right, and 3A quartering soldiers.
What is Procedural Due Process?
Right to fair procedures before the government can deprive you of life, liberty, or property.
What is Substantive Due Process?
(1) Protection against arbitrary government action and (2) identification of fundamental rights not listed in the Constitution.
Can the government regulate liberty interests?
Yes; liberties are not absolute — the government can regulate but must justify why and how far.
What is the Substantive DP Analysis?
(1) Is there state action? (2) Is the right already protected? (3) Apply proper level of scrutiny.
What test applies to economic/commercial regulations?
Rational Basis Test: Law must have a legitimate purpose and a rational method.
What test applies to family, marriage, autonomy, privacy?
Higher scrutiny:
(1) Define the interest; (2) Is it deeply rooted OR important enough to be protected today?
What parental rights are fundamental?
Raising and educating children (Meyer, Pierce), controlling visitation (Troxel v. Granville).
Can a biological father challenge paternity outside of state procedures?
No — Michael H.
What family rights are protected?
Extended families living together (Moore). NOT spousal cohabitation when immigration law bars spouse.
What marriage rights are protected?
Interracial marriage (Loving v. Virginia)
Financial status marriage (Zablocki)
Marriage from prison (Turney v. Safley)
Same-sex marriage (Obergefell)
What happened to abortion rights after Dobbs v. Jackson (2022)?
No constitutional right to abortion; laws judged under rational basis.
What are legitimate state interests for abortion laws post-Dobbs?
Fetal life, mother’s health, medical ethics, fetal pain, preventing discrimination.
Is there a constitutional right to physician-assisted suicide?
No — Washington v. Glucksberg.
Can competent adults refuse lifesaving medical treatment?
Yes — Cruzan.
Is there a constitutional right to post-conviction DNA testing?
No — DA v. Osborne.
What did DC v. Heller (2008) hold?
2A protects individual rights, not just militia service.
What two-step test did NY State Rifle & Pistol Ass’n v. Bruen establish?
(1) Does text cover conduct? (2) Govt must prove regulation matches history/tradition.
What limits does Due Process impose on punitive damages?
Must be reasonable: (BMW v. Gore factors)
What are the “Gore factors”?
1)Reprehensibility of conduct
2)Ratio of punitive to compensatory damages
3)Alternative sanctions available
