Class Notes (811,170)
United States (314,506)
Government (469)
GOV 312L (112)
Lecture 28

GOV 312L Lecture 28: GOV312- Privacy Cases- 2.10A

2 Pages
Unlock Document

University of Texas at Austin
GOV 312L
Christina Bambrick

GOV312- Privacy Cases- 2.10A Recap footnote 4/subst. dp • Court can hold legislation to a heightened standard of scrutiny when th o Rights specifically protected by const., whether BOR or 14 (fundamental rights) o Laws that congress passes inhibit political process ▪ Hinders people from voting, accessing political info o Laws targeting unpopular minorities • Standards of scrutiny o Rational basis test ▪ Presumption of constitutionality ▪ Must be rationally related to goal o Strict scrutiny ▪ Triggered with fundamental rights or suspect classes ▪ Burden placed on state to demonstrate compelling interests • Standard for subst. dp = is the right “so rooted in the traditions and conscience our people as to be ranked as fundamental”? (Palko) o Yes ▪ Triggers strict scrutiny o No ▪ May still be some right or liberty interest, but congress has greater latitude in regulating it ▪ Not a fundamental right All 3 cases in agenda • Deal with o Substantive due process o State laws ▪ Whether or not the laws are limiting fundamental rights • Following Griswold’s recognition for a right to privacy, the court must consider whether due process clause also protects o Right to ▪ abortion ▪ Engage in homosexual acts ▪ Assisted suicide Liberty vs. community • Aka o Constitutionalism vs. democracy o Court vs. congress Griswold v Connecticut • First instance of the second version of substantive du
More Less

Related notes for GOV 312L

Log In


Don't have an account?

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.