Substantive Due Process – Fundamental Rights Interactions

 

 

 

 

 

 

 

The Due Process Clause which Applies to state and local governments is located in what portion of the Constitution?
Choice 1 Article I
 Choice 2 The Fifth Amendment
Choice 3 The Fourteenth Amendment
 Choice 4 The Due Process Clause which applies to states and local governments is found only in the constitutions of the states.
A Due Process claim can only move forward upon a showing of:
Choice 1 Deprivation of life.
 Choice 2 Deprivation of liberty.
Choice 3 Deprivation of property.
 Choice 4 Any of the above.
The Due Process Clause only protects against deprivation when there has been some state action. Which of the following is the benchmark for satisfying the state action requirement?
Choice 1 If there is some government regulation of a business, the business’ action constitutes state action.
 Choice 2 If there is extensive, detailed government regulation of a business, the business’ action constitutes state action.
Choice 3 If there is a “sufficiently close nexus” between government and the challenged action of a business, the business’ action constitutes state action.
 Choice 4 If there is a “proximately causal relationship” between government and the challenged action of a business, the business’ action constitutes state action.
Which of the following is NOT a fundamental right for substantive due process purposes?
Choice 1 The right to marry.
 Choice 2 The right to an abortion.
Choice 3 The right to raise one’s children as one sees fit.
 Choice 4 The right to travel freely among the states.
In order for a law which deprives people of a fundamental right to pass due process analysis, which of the following tests must be applied and satisfied?
Choice 1 The burden of proof.
 Choice 2 The compelling interest standard.
Choice 3 The Griswold factors.
 Choice 4 Strict scrutiny.
Which of the following suits over state law will NOT require the state to meet the strict scrutiny standard?
Choice 1 A law permitting police to search a home without a warrant in exigent circumstances.
 Choice 2 A law requiring doctors to aid a patient with life-threatening illness against the patient’s will.
Choice 3 A law requiring parents to monitor and limit the number of television hours viewed by their children.
 Choice 4 A law prohibiting people from expressing negative thoughts about elected officials on public property.
Joe is a fervent supporter of his chosen political party. He is so passionate that on election day he kidnaps a group of people who he believes intend to vote for his candidate’s opponent. In so doing he hopes that lacking their votes the opponent will lose. Once the poles close Joe releases his hostages, who after giving their statements to police join the opponent at his victory party. The next day several of the hostages file due process claims against Joe. What is the likely result of the claims?
Choice 1 Joe WINS, if he is found the have diminished mental capacity or if he is found insane.
 Choice 2 Joe WINS, because there is no state action.
Choice 3 Joe LOSES, because he deprived the hostages of two separate liberty interests – the freedom to travel and the freedom to vote.
 Choice 4 Joe LOSES, because politically-inspired crimes are an exception to the state action requirement.
Which of the following state goals is least likely to be found “compelling” when subjected to strict scrutiny?
Choice 1 Preventing illegal handguns from entering the state which are later used in violent crimes.
 Choice 2 Ensuring that prior to re-marrying people can meet their existing child support responsibilities.
Choice 3 Preventing voter fraud.
 Choice 4 Keeping kids off the street at night.

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