Deck 13: The Right to Privacy Under the Due Process and Equal Protection Clauses

Question 1

Which of the following types of conduct are not included in the right to privacy?

A)use of contraceptives
B)procreation
C)marriage
D)suicide

Answer 1

D

Question 2

In Griswold v.Connecticut, 381 U.S.479 (1965), the Court invalidated a law that made it a crime to give information or advice about contraceptives to married persons.

Answer 2

True

Question 3

When the Supreme Court reviews laws or government practices that interfere with the right to privacy, it uses the

A)rational basis test.
B)intermediate scrutiny standard.
C)strict scrutiny standard.
D)None of the above.

Answer 3

C

Question 4

Since the restriction on the use of contraceptives violates the right of marital privacy, laws restricting use of contraceptives among unmarried individuals are constitutional.

Question 5

The protections afforded by the right to privacy often overlap with protections afforded by other rights.

Question 6

The Supreme Court's attitude toward privacy and sexual orientation and actions

A)is that sexual practices are not part of privacy.
B)is that the state has the right to regulate this.
C)has remained constant over the last 20 years.
D)has changed over the last 20 years.

Question 7

The Constitution does not provide a specific right to privacy; privacy is included in the protections afforded to "liberty."

Question 8

The Supreme Court has held that sex between consenting adults is protected by the right of privacy.

Question 9

Privacy is not considered a fundamental right.

Question 10

A law prohibiting the sale of nonprescription contraceptives to anyone less than 16 years of age

A)would probably be constitutional because minors have no constitutional right to privacy.
B)would probably be constitutional because to provide otherwise violates the right of privacy of the minor's parents.
C)would probably be unconstitutional unless the state could show the law advances a significant state interest.
D)would probably be unconstitutional because the age of 16 is arbitrary.

Question 11

The Ninth Amendment

A)expressly provides for a right to privacy.
B)provides that the enumeration of rights in the other amendments is not to be considered a denial of rights not enumerated.
C)is the basis for the protection given to liberty.
D)Both a and b.

Question 12

The Supreme Court has held that laws criminalizing sex between consenting adults are unconstitutional

Question 13

Which of the following is not part of the Court's decision in Roe v.Wade?

A)The government cannot prohibit any abortion.
B)The government cannot prohibit an abortion prior to the time at which the fetus can survive outside the womb on its own (viability).
C)Government regulation of abortions must meet strict scrutiny.
D)The right to abortion is protected under the Due Process Clause.

Question 14

The Supreme Court recognizes the right to privacy

A)as part of due process.
B)as part of equal protection.
C)Both a and b.
D)Neither a nor b.

Question 15

Laws requiring sterilization of repeated felons

A)are constitutional because the state has a compelling reason for such a law.
B)are constitutional because repeated felons have no rights to privacy.
C)are unconstitutional because they violate a person's basic right to procreate.
D)are constitutional as long as they apply to all felons.

Question 16

No state regulation of abortion is constitutional.

Question 17

State laws allowing an individual to reject medical care

A)are usually unconstitutional.
B)are unconstitutional if the individual is incapable of making the decision.
C)can allow a representative to make the decisions for a party who is incapable, but may require clear and convincing evidence of the individual's intent.
D)must require clear and convincing evidence of an individual's intent, if the individual is incapacitated.

Question 18

The right to privacy also includes the right to reject medical care.

Question 19

The right to reject medical care is part of

A)due process.
B)equal protection.
C)Neither a nor b.
D)Both a and b.

Question 20

The Supreme Court has held that a state may prohibit the use of public facilities and public employees to perform abortions.