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

The U.S. Supreme Court found that the Due Process Clause protected the personal autonomy of individuals to make decisions regarding adult, consensual, and private sexual activity in which case?

Discuss whether the holding in Lawrence v. Texas should be extended to recognizing liberty interests for prostitution involving consenting adults under the Due Process Clause. Explain your position.

Match the term its description . -original understanding

In Obergefell v. Hodges (2015), the U.S. Supreme Court ruled that state bans on same-sex marriage were unconstitutional because they violated liberty interests under the ________ Amendment Due Process Clause.

What term is used to describe a legal document that provides a person's wishes in case of a medical emergency?

Match the term its description . -takings clause

In Roe v. Wade, the U.S. Supreme Court ruled that there are no limits to the right to privacy of a woman's right to choose to have an abortion.

The Takings Clause is a provision in Article I, Section 10, of the Constitution.

Match the term its description . -strict constructionist

Procedural due process is the requirement that government treat persons fairly while it attempts to interfere with their liberty interests.

In Planned Parenthood of Southern Pennsylvania v. Casey (1992), the U.S. Supreme Court adopted an undue ________ standard for abortion cases. Under this standard, the Court asks whether the challenged regulation imposes an undue burden on a woman's right to access or obtain an abortion.

What are the different approaches the Supreme Court has used to determine whether a particular activity constitutes a liberty interest protected by the Due Process Clause?

The Ninth Amendment suggests that beyond those listed in the First through Eighth Amendments, there are other unenumerated rights that individuals retain that are to be protected against governmental intrusion.

In Kelo v. City of New London (2005), the U.S. Supreme Court held that a local government's taking of private homes for private land redevelopment was considered a public purpose.

Match the term its description . -implicit in the concept of ordered liberty

What case was reversed by the Court's decision in Lawrence v. Texas?

What is the difference between the constitutional rights to substantive due process and procedural due process?

Substantive due process concerns the type or substance of behavior that is included as a(n) ________ under the due process clause.

Some U.S. Supreme Court justices take the original ________ approach to interpreting the Constitution and use what the legal culture understood (as opposed to what the drafters intended) under the provision when it was originally written.

The ________ Amendment which provides that "[t]he enumeration of certain rights in the bill of rights, shall not be construed to deny or disparage others retained by the people" is considered one source to recognizing the right of privacy.