Substantive Law Study Support

Questions for Review and Answers

1. What are the constitutional sources for the right of privacy?

Privacy stems from several sources, primarily the Fifth and Fourteenth Due Process Clauses, where liberty has been interpreted to include many aspects of privacy. The Equal Protection Clause is also used as is the Ninth Amendment.

2. What standard is used by the Supreme Court to review laws or government practices that interfere with the right to privacy?
Because privacy is considered a fundamental right, the Court uses a strict scrutiny in reviewing laws that interfere with this right.

3. What are some specific examples of conduct protected by the constitutional right of privacy?
Conduct protected by privacy: marriage, contraception, abortion, sexual orientation, sexual activity, and the right to die.

4. What is the relationship of the Ninth Amendment to the right of privacy?

This amendment provides the Court the justification necessary to protect unenumerated rights, such as the right to privacy.

5. Why did the Court strike down a law limiting the right to marry of individuals who owed child support?
The law interfered with the fundamental right of privacy, which includes the right to marry, and it served no compelling state interest. Although the state argued that the law was intended to force individuals to meet child support obligations, the Court felt it did not do this, and, in any event, the state had ample other means to do this.

6. Why did the Supreme Court invalidate a law authorizing the sterilization of repeat felons for crimes involving moral turpitude?
The Court found that the right to procreate is a fundamental right of privacy. The Court invoked the Equal Protection Clause here and found that since the law excluded white-collar criminals, there was a violation of due process.

7. What specific rights related to contraceptives are affirmed by the Supreme Court?

The right to obtain information concerning and the right to use contraceptives is protected by the fundamental right of privacy and belongs to married persons, to unmarried persons, and to minors.

8. How has the Court limited the decision of Roe v. Wade?

A state may prohibit the use of public facilities and public employees to perform abortions. The state has the power to restrict abortions after viability, if the law contains exceptions for pregnancies endangering a woman’s life or health.

9. What was the Court’s reason for overturning a Texas state law criminalizing sexual conduct between members of the same sex?
The question of sexual conduct between consenting adults is protected by the right of privacy.

10. What is the Supreme Court’s view regarding an individual’s right to reject medical care?
Individuals have the right to reject medical care, but not to commit suicide. If a person is incapacitated and cannot make a decision regarding medical care, his or her prior wishes can be carried out by a representative. It is constitutional for a state to require a high standard of proof of the person’s wishes.