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

A penumbra is a:

Which U.S. Supreme Court Justice, who wrote the majority opinion in both Obergefell v. Hodges and United States v. Windsor, relied on general principles of due process and equal protection, without establishing any concrete tests or doctrines concerning individual liberty or discrimination based on sex or sexual orientation?

The holding of the Obergefell v. Hodges (2015) case is limited to the facts of the particular case and will not serve as precedent for future cases dealing with civil rights and marriage rights.

Each of the following cases involves a dispute over the "takings clause" EXCEPT:

Match the term its description . -undue burden

Match the term its description . -reasonable expectation of privacy

The laissez-faire era or Lochner era of the Court remains the current law today with respect to the Due Process Clause and economic liberty.

The eminent domain power is found in the ________ Amendment.

Match the term its description . -fundamental right

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

What amendment suggests that there are more liberties than those specifically enumerated in the Bill of Rights?

A strict ________ approach to interpreting the Constitution is one that strictly construes the explicit words of the Constitution to determine whether a particular right is protected.

Which case held that state bans on same-sex marriage were unconstitutional because they violated liberty interests under the Fourteenth Amendment Due Process Clause?

What did the U.S. Supreme Court decide in Lawrence v. Texas?

Which right concerns the type or substance of behavior that is included as a "liberty" under the due process clause?

Which U.S. Supreme Court case adopted the undue burden standard for abortion case?

The strict constructionist approach to interpreting the Due Process Clause in the U.S. Constitution looks to the original intent to assess what the authors of the due process clause meant or intended by the term "liberty."

Match the term its description . -Due Process Clause

Some U.S. Supreme Court justices take the original ________ approach to interpreting the Constitution and use 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.

Match the term its description . -strict scrutiny test