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

Question 1

Which case addresses so-called partial-birth abortions?

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

Answer 1

Gonzalez v. Carhart

Question 2

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

A) Planned Parenthood of Pennsylvania v. Casey
B) Roe v. Wade
C) Webster v. Reproductive Health Services
D) Gonzalez v. Carhart

Answer 2

Planned Parenthood of Pennsylvania v. Casey

Question 3

A penumbra is a:

A) lunar shadow.
B) broken umbrella.
C) type of abortion procedure.
D) confidential news source.

Answer 3

lunar shadow.

Question 4

Generally speaking, which theory of constitutional interpretation is least likely to recognize more contemporary forms of privacy.?

A) original intent
B) strict constructionist
C) original understanding
D) all of the above

Question 5

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

A) Third
B) Fifth
C) Ninth
D) Fourteenth

Question 6

What form of constitutional scrutiny requires the government to show that its intrusion is necessary (or narrowly tailored) to meet a compelling governmental interest?

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

Question 7

Which case recognized a constitutional right to privacy?

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

Question 8

Which case does NOT involve abortion regulations?

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

Question 9

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

A) Legal Directive
B) Living Will
C) Power of Attorney
D) Delegation of Death

Question 10

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

A) Washington v. Glucksberg
B) Gonzalez v. Oregon
C) Bowers v. Hardwick
D) Santa Clara County v. Southern Pacific Railroad Co.

Question 11

The Court's theory of "liberty of contract" was developed during what era of the Court?

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

Question 12

What case marks the "Switch in Time That Saved Nine?"

A) West Coast Hotel v. Parrish
B) Lochner v. New York
C) Fletcher v. Peck
D) Agins v. Tiburon

Question 13

What event is regarded as the moment the Court began to move away from its notion of liberty of contract?

A) The switch in time that saved nine
B) World War I
C) World War II
D) The Great Depression

Question 14

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

A) Pennsylvania Coal Co. v. Mahon.
B) Agins v. Tiburon.
C) Nollan v. California Coastal Commission.
D) Fletcher v. Peck.

Question 15

Each of the following cases involves a dispute surrounding the contract clause EXCEPT:

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.

Question 16

What term is used to describe the ability of government to take private property for public use under the Fifth Amendment?

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

Question 17

Which case involves the so-called "liberty of contract?"

A) Lochner v. New York
B) Hawaii Housing Authority v. Midkiff
C) Kelo v. City of New London
D) Lucas v. South Carolina Coastal Commission

Question 18

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

A) Lochner v. New York
B) Obergefell v. Hodges
C) Kelo v. City of New London
D) United States v. Windsor

Question 19

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?

A) Anthony Kennedy
B) Sonia Sotomayor
C) Ruth Bader Ginsburg
D) Clarence Thomas

Question 20

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

A) procedural due process
B) substantive due process
C) equal protect
D) right to privacy

Question 21

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?

A) Washington v. Glucksberg
B) Gonzalez v. Oregon
C) Bowers v. Hardwick
D) Lawrence v. Texas

Question 22

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

Question 23

Substantive due process concerns the type or substance of behavior that is included as a "liberty"
under the due process clause.

Question 24

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."

Question 25

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.

Question 26

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.

Question 27

In Planned Parenthood of Southern Pennsylvania v. Casey (1992), the U.S. Supreme Court moved away from the trimester-based approach adopted in Roe v. Wade and began using framework that divided pregnancy into two stages--previability and postviability.

Question 28

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.

Question 29

In Obergefell v. Hodges (2015) where the court ruled that state bans on same-sex marriage were unconstitutional, the U.S. Supreme Court based its decision on both the Due Process Clause and the Equal Protection Clause.

Question 30

Since 1934, the U.S. Supreme Court generally has interpreted the Contract Clause in a manner that allows government to enact legislation that benefits the general welfare even if it interferes with private contracts.

Question 31

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.

Question 32

In Lawrence v. Texas, the U.S. Supreme Court reversed its decision in Bowers v. Hardwick based on interpretation of the Fourteenth Amendment Due Process Clause.

Question 33

The holding in Lawrence v. Texas is considered a landmark ruling in terms of procedural due process rights.

Question 34

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.

Question 35

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

Question 36

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

Question 37

The Due Process Clause is a provision found in both the Fifth and ________ Amendments.

Question 38

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

Question 39

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.

Question 40

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.

Question 41

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.

Question 42

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.

Question 43

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.

Question 44

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.

Question 45

In Lawrence v. Texas, the U.S. Supreme Court struck down a state law banning same-sex ________.

Question 46

The eminent domain power is found in the ________ Amendment.

Question 47

Match the term its description .

-liberty of contract

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

Question 48

Match the term its description .

-Due Process Clause

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

Question 49

Match the term its description .

-procedural due process

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

Question 50

Match the term its description .

-original understanding

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

Question 51

Match the term its description .

-reasonable expectation of privacy

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

Question 52

Match the term its description .

-takings clause

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

Question 53

Match the term its description .

-substantive due process

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

Question 54

Match the term its description .

-original intent

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

Question 55

Match the term its description .

-contract clause

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

Question 56

Match the term its description .

-fundamental right

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

Question 57

Match the term its description .

-strict constructionist

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

Question 58

Match the term its description .

-implicit in the concept of ordered liberty

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

Question 59

Match the term its description .

-living will

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

Question 60

Match the term its description .

-undue burden

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

Question 61

Match the term its description .

-strict scrutiny test

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

Question 62

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

Question 63

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?

Question 64

What is the constitutional basis for recognizing and protecting a right of privacy?

Question 65

What did the U.S. Supreme Court decide in Gonzales v. Carhart (2007)?

Question 66

What was the basis for the U.S. Supreme Court decision in Obergefell v. Hodges?

Question 67

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

Question 68

What is the liberty of contract?

Question 69

What is your reaction to the Obergefell v. Hodges decision? Explain your position.

Question 70

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.