Constitutional Law: Incorporation and Privacy Rights

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Questions and Answers

Which amendments are fully incorporated against the states?

1st, 3rd, 5th, 7th

3rd, 5th, 6th, 7th

2nd, 4th, 6th, 7th

1st, 2nd, 4th, 8th (correct)

What is the primary legal principle behind selective incorporation?

All rights in the Bill of Rights apply equally to federal and state governments.

State courts are entirely free from any Bill of Rights constraints.

All provisions of the Bill of Rights are applied to states without exception.

Only certain rights deemed fundamental apply to the states through the Due Process Clause. (correct)

In the case of Adamson v. California, what was the main constitutional issue?

Whether the jury's inference was justified without the defendant testifying.

Whether the police acted within their rights under the 5th amendment.

Whether the 14th amendment makes the 5th amendment applicable to state courts. (correct)

Whether the Bill of Rights applies differently in federal and state courts.

Which amendments are considered partially incorporated against the states?

5th and 6th Signup and view all the answers

What was the outcome in Rochin v. California regarding Due Process?

The court determined that the forced stomach pumping violated the 14th amendment due process. Signup and view all the answers

What does the dissenting opinion of total incorporation argue?

The purpose of the 14th amendment was to provide complete protection of the Bill of Rights to all citizens. Signup and view all the answers

What prevents police from extracting evidence too forcefully, according to the majority opinion in Rochin v. California?

Due process prohibits using methods that offend a sense of justice. Signup and view all the answers

Which amendments are not incorporated against the states at all?

3rd and 7th Signup and view all the answers

What does the dissenting opinion by Black highlight regarding the right of privacy?

There is no constitutional basis for the right to privacy. Signup and view all the answers

In the context of due process and privacy rights, what does the term 'strict scrutiny' imply?

Any law infringing a fundamental right must have a compelling interest. Signup and view all the answers

What case established that prohibiting contraception for single individuals is unconstitutional?

Eisenstadt v. Baird Signup and view all the answers

What is the fundamental right protected in Roe v. Wade?

The right of privacy Signup and view all the answers

According to Griswold’s aftermath, what expansion occurred regarding privacy rights?

Privacy rights were extended to single individuals. Signup and view all the answers

What is considered a compelling interest of the state regarding abortion as pregnancy progresses?

Preserving and protecting the health of the pregnant woman. Signup and view all the answers

At what point during pregnancy does the state’s compelling interest begin to grow significantly according to the legal standards discussed?

At the end of the 1st trimester Signup and view all the answers

What was the general agreement regarding laws against married couples accessing contraception?

They are violations of constitutional rights. Signup and view all the answers

What determines if a right is considered deeply rooted according to the 14th amendment?

If it is widely accepted in history and tradition. Signup and view all the answers

What is the requirement for a right to pass the strict scrutiny test?

It must serve a compelling state interest and be narrowly tailored. Signup and view all the answers

If a right is not considered deeply rooted, what standard must the state meet?

Rational basis test. Signup and view all the answers

Which example is cited to illustrate a right that is not deeply rooted?

Abortion rights. Signup and view all the answers

What must be determined if a right is deeply rooted?

If less restrictive means are available. Signup and view all the answers

What does the due process clause in the 14th amendment seek to protect?

Rights that are broadly accepted throughout history. Signup and view all the answers

What is a requirement for rights classified as deeply rooted?

They must have historical precedent across a broad timeline. Signup and view all the answers

Which of the following describes a key principle of the strict scrutiny standard?

The means chosen must be the least restrictive possible. Signup and view all the answers

What is the primary reason NYC allows advertising for one's own business only?

To reduce distractions for drivers and pedestrians. Signup and view all the answers

What forms the basis for the classification in NYC's advertising regulation?

Ownership of the business being advertised. Signup and view all the answers

What level of scrutiny is applied to NYC's advertising regulation?

Rational Basis. Signup and view all the answers

What is the justification given by the government for the advertising classification?

To prevent distractions caused by advertisements. Signup and view all the answers

Why is the classification of the NYC advertising regulation considered underinclusive?

It selectively allows only seasoned vendors. Signup and view all the answers

What court case illustrates the concept of a grandfathering law in the context of advertising regulations?

New Orleans v. Dukes. Signup and view all the answers

What does the court suggest regarding the need for a solution to work perfectly?

Solutions need only be reasonably rational that they could work. Signup and view all the answers

What is the legitimate interest of NYC regarding the advertising regulation?

Improving traffic safety. Signup and view all the answers

What is a key characteristic of Procedural Due Process?

It requires a fair procedure before rights are infringed. Signup and view all the answers

What was the reason the court found the city ordinance unconstitutional?

The ordinance violated the right to live with family. Signup and view all the answers

Which amendments protect the right to Procedural Due Process?

5th and 14th Amendment Signup and view all the answers

What is the first step in determining a Procedural Due Process claim?

Establish the existence of a liberty or property interest. Signup and view all the answers

How does Moore differ from Belle Terre regarding family living arrangements?

Moore allows for unrelated individuals to live together. Signup and view all the answers

If an individual establishes a Procedural Due Process claim, they are entitled to what?

A hearing or process. Signup and view all the answers

Which key aspect was affirmed as a fundamental right by the court in Loving v. Virginia?

The right to marry someone of a different race. Signup and view all the answers

In Zablocki v. Redhail, what justification did the state provide for the ban on marriage?

Protecting the financial stability of families. Signup and view all the answers

What distinguishes substantive rights from procedural rights?

Substantive rights pertain to individual rights that the state cannot infringe upon. Signup and view all the answers

What must be demonstrated to receive due process before a liberty or property interest is burdened?

Existence of a recognized interest and need for a process. Signup and view all the answers

What must a state demonstrate if it wishes to restrict a fundamental right like marriage?

A compelling state interest that justifies the restriction. Signup and view all the answers

Which statement best describes the scope of due process in non-criminal cases?

Due process requires a fair procedure regardless of the nature of the case. Signup and view all the answers

What was ruled unconstitutional in Zablocki v. Redhail?

The statute banning marriage under certain financial conditions. Signup and view all the answers

What does the second step in the framework of Procedural Due Process involve?

Assessing the type of process one is entitled to. Signup and view all the answers

The court in Loving v. Virginia concluded that Virginia had what concerning its ban on interracial marriage?

No compelling state interest to justify the ban. Signup and view all the answers

What was a significant factor in the court's decision regarding the right to marry in Zablocki v. Redhail?

The existence of less discriminatory means. Signup and view all the answers

Study Notes

Constitutional Law II Outline

This outline covers constitutional protections, substantive due process, individual rights, procedural due process, enumerated rights (right to bear arms), equal protection, religion, and free expression.
It also includes the state action doctrine.

I. Constitutional Protection

Introduction to the topic of individual rights protected by the 14th, 2nd, and 1st amendments, Declaration of Independence, and "inalienable rights."
Explains the idea that there are certain, god-given, inalienable rights (natural rights) that cannot be taken away.
Discusses the role of government to protect these rights.

II. Substantive Due Process & Individual Rights

Right of Privacy:
- A wide discussion about the right of privacy (e.g., right to privacy for married couples,
- Griswold v. Connecticut court recognized a right of married couples to make decisions about reproduction)
- Roe v. Wade's impact on abortion rights.
Abortion:
- The right to privacy includes the right to abortion.
- Strict scrutiny is applied to determine if a state has a compelling interest in regulating abortions.
- The states' interest in fetal life increases in the later stages of pregnancy.
Right to Die: A right to die for rational basis test is discussed.
Sexual Liberty:
- Bowers v. Hardwick: The court upheld a state law criminalizing homosexual sodomy; however, this decision was later overturned in Lawrence v. Texas.
Marriage:
- Loving v. Virginia: This case declared laws prohibiting marriage between people of different races to be unconstitutional and considered a fundamental right.
- There are more detailed explanation in the notes about the specifics of this.

III. Procedural Due Process

Non-Criminal cases.

IV. Enumerated Rights: Right to Bear Arms

Right to bear arms.

V. Equal Protection

Traditional approach: rational basis.
Different categories under the equal protection doctrine.
Race & ethnicity ancestry:
- Strauder v. West Virginia: declared that states cannot discriminate against people of color in jury selection .
- Plessy v. Ferguson: established the separate but equal doctrine.
- Brown v. Board of Education: overturned the separate but equal doctrine, deciding state- sponsored segregation in schools to be unconstitutional
Gender: A brief synopsis of gender-based laws/decisions.
Other classifications.

VI. RELIGION

Establishment Clause.
Aid to religion.
Establishment Clause cases.

VII. Free Expression

Advocacy of illegal action.
Obscenity:
Roth v. United States: Obscenity is not protected by the Constitution
Miller v. California: A three-prong test established for determining what is considered obscene material
Fighting words.
Hostile audiences.
Offensive words & hate speech.
Association.

B. State Action Doctrine

State Action: Nearly all of the rights guaranteed by the Constitution are protected against interference by the government. Sometimes even private individuals' actions are considered "state action" and thus subject to the Constitution.

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Description

This quiz explores the concepts of selective incorporation and privacy rights within the context of American constitutional law. Key cases like Adamson v. California and Roe v. Wade are discussed along with the implications for various amendments. Test your understanding of due process and the rights that are fully or partially incorporated against the states.