Exam 11: Substantive Due Process: Privacy, Personal Autonomy, and Other Liberties

A) an approach to interpreting the Constitution that is similar to original intent, except that it seeks to determine what the legal culture understood (as opposed to what the drafters intended) under the provision when it was originally written
B) the requirement that government treat persons fairly while it attempts to interfere with their liberty interests and concerned with how the government processes and safeguards individuals and their claims
C) concerns the type or substance of behavior that is included as a "liberty" under the due process clause
D) a legal standard used by the Court to assess Fourth Amendment rights against unreasonable searches and seizures
E) a liberty interest under the Fourteenth Amendment Due Process Clause as determined by the U.S. Supreme Court during the latter part of the nineteenth century and early part of the twentieth century
F) a provision found in the Fifth Amendment that states that government cannot take private property for public use without just compensation
G) an approach to interpreting the Constitution that uses historical analysis to assess what the authors of the Constitution meant or intended by a particular term or provision, including the term liberty within the Due Process Clause
H) a provision found in both the Fifth and Fourteenth Amendments that requires government not to deny life, liberty, or property without due process of law

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A) a legal standard used to review restrictions on abortion for their constitutionality
B) a phrase frequently offered by the Court as the standard for assessing whether a particular human activity will be included as a "liberty interest" under the Due Process Clause
C) constitutional balancing test that requires the government to show that its infringement upon a fundamental right is necessary (or narrowly tailored) to serve a compelling governmental interest
D) a constitutional right of the highest order and one to which utmost constitutional protection is applied, including strict scrutiny protection
E) a provision in Article I, Section 10, of the Constitution that provides that states cannot impair the obligations of contracts
F) an approach to interpreting the Constitution that strictly construes the explicit words of the Constitution to determine whether a particular right is protected
G) a legal document in which a person provides instructions for medical treatment (or the lack thereof) in cases where the person becomes incapacitated

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A) Confiscation
B) Seizure
C) eminent domain
D) quarantine

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A) Economic freedom era
B) Dark era
C) Laissez Faire era
D) The Roosevelt Court era

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As an individual, my reaction to the Obergefell v. Hodges decision, which legalized same-sex marriage in the United States, is one of support and celebration. I believe that love is love, and everyone should have the right to marry the person they love, regardless of their gender. This decision was a significant step towards achieving equality and civil rights for the LGBTQ+ community, and I fully support and celebrate the recognition of same-sex marriage. From a legal and constitutional perspective, I believe that the Obergefell v. Hodges decision was the right decision. The Equal Protection Clause of the Fourteenth Amendment guarantees that no state shall deny any person within its jurisdiction the equal protection of the laws. Denying same-sex couples the right to marry was a form of discrimination that violated this constitutional principle. The Supreme Court's decision to legalize same-sex marriage nationwide was a necessary step to ensure that all individuals have equal rights under the law. Furthermore, from a moral and ethical standpoint, I believe that it is unjust to deny same-sex couples the right to marry. Marriage is a fundamental human right and a deeply personal choice, and it is not the government's place to dictate who can and cannot marry based on their sexual orientation. All individuals deserve to have their relationships and families recognized and respected by the law. In summary, my reaction to the Obergefell v. Hodges decision is one of support and celebration. I believe that the legalization of same-sex marriage was a necessary and just decision from both a legal and moral standpoint, and I am hopeful that it will continue to contribute to progress towards equality and acceptance for the LGBTQ+ community.

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sodomy

A) rational basis
B) undue burden
C) strict scrutiny
D) necessary and proper

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A) Gonzalez v. Carhart
B) Webster v. Reproductive Health Services
C) Rust v. Sullivan
D) Planned Parenthood v. Casey

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A) a legal standard used to review restrictions on abortion for their constitutionality
B) a phrase frequently offered by the Court as the standard for assessing whether a particular human activity will be included as a "liberty interest" under the Due Process Clause
C) constitutional balancing test that requires the government to show that its infringement upon a fundamental right is necessary (or narrowly tailored) to serve a compelling governmental interest
D) a constitutional right of the highest order and one to which utmost constitutional protection is applied, including strict scrutiny protection
E) a provision in Article I, Section 10, of the Constitution that provides that states cannot impair the obligations of contracts
F) an approach to interpreting the Constitution that strictly construes the explicit words of the Constitution to determine whether a particular right is protected
G) a legal document in which a person provides instructions for medical treatment (or the lack thereof) in cases where the person becomes incapacitated

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A) Bowers v. Hardwick
B) Griswold v. Connecticut
C) Glucksberg v. Washington
D) Lochner v. New York

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A) an approach to interpreting the Constitution that is similar to original intent, except that it seeks to determine what the legal culture understood (as opposed to what the drafters intended) under the provision when it was originally written
B) the requirement that government treat persons fairly while it attempts to interfere with their liberty interests and concerned with how the government processes and safeguards individuals and their claims
C) concerns the type or substance of behavior that is included as a "liberty" under the due process clause
D) a legal standard used by the Court to assess Fourth Amendment rights against unreasonable searches and seizures
E) a liberty interest under the Fourteenth Amendment Due Process Clause as determined by the U.S. Supreme Court during the latter part of the nineteenth century and early part of the twentieth century
F) a provision found in the Fifth Amendment that states that government cannot take private property for public use without just compensation
G) an approach to interpreting the Constitution that uses historical analysis to assess what the authors of the Constitution meant or intended by a particular term or provision, including the term liberty within the Due Process Clause
H) a provision found in both the Fifth and Fourteenth Amendments that requires government not to deny life, liberty, or property without due process of law

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A) Fletcher v. Peck.
B) Trustees of Dartmouth College v. Woodward.
C) Kelo v. City of New London.
D) Home Building & Loan Association v. Blaisdell.

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A) an approach to interpreting the Constitution that is similar to original intent, except that it seeks to determine what the legal culture understood (as opposed to what the drafters intended) under the provision when it was originally written
B) the requirement that government treat persons fairly while it attempts to interfere with their liberty interests and concerned with how the government processes and safeguards individuals and their claims
C) concerns the type or substance of behavior that is included as a "liberty" under the due process clause
D) a legal standard used by the Court to assess Fourth Amendment rights against unreasonable searches and seizures
E) a liberty interest under the Fourteenth Amendment Due Process Clause as determined by the U.S. Supreme Court during the latter part of the nineteenth century and early part of the twentieth century
F) a provision found in the Fifth Amendment that states that government cannot take private property for public use without just compensation
G) an approach to interpreting the Constitution that uses historical analysis to assess what the authors of the Constitution meant or intended by a particular term or provision, including the term liberty within the Due Process Clause
H) a provision found in both the Fifth and Fourteenth Amendments that requires government not to deny life, liberty, or property without due process of law

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In Obergefell v. Hodges (2015), a 5-4 ma...

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A) Bigelow v. Virginia
B) Bellotti v. Baird
C) Harris v. McRae
D) Gonzales v. Oregon

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