Question 1

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.

Accepted Answer

The answer of Some U.S. Supreme Court justices take the...

Question 2

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.

Accepted Answer

The answer of The ________ Amendment which provides that "[t]he...

Question 3

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.

Accepted Answer

The answer of In Planned Parenthood of Southern Pennsylvania v....

Question 4

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.

Accepted Answer

The answer of In Obergefell v. Hodges (2015), the U.S....

Question 5

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

Accepted Answer

The answer of In Lawrence v. Texas, the U.S. Supreme...

Question 6

The eminent domain power is found in the ________ Amendment.

Accepted Answer

The answer of The eminent domain power is found in...

Question 7

Match the term its description .
-liberty of contract

Accepted Answer

Liberty of contract refers to a liberty interest recognized under the Fourteenth Amendment Due Process Clause, particularly during the late 19th and early 20th centuries, emphasizing the freedom to enter into contracts without undue government interference.

Question 8

Match the term its description .
-Due Process Clause

Accepted Answer

The answer of Match the term its description .
-Due Process...

Question 9

Match the term its description .
-procedural due process

Accepted Answer

Procedural due process focuses on the methods and procedures the government must follow before it deprives an individual of life, liberty, or property, ensuring fairness and transparency in legal proceedings.

Question 10

Match the term its description .
-original understanding

Accepted Answer

A) matches the description of original understanding by focusing on the legal culture's interpretation of the Constitution at the time it was written, rather than the drafters' intentions.

Question 11

Match the term its description .
-reasonable expectation of privacy

Accepted Answer

The correct match for "reasonable expectation of privacy" is the legal standard used by the Court to assess Fourth Amendment rights against unreasonable searches and seizures.

Question 12

Match the term its description .
-takings clause

Accepted Answer

The takings clause refers to the provision in the Fifth Amendment that requires the government to provide just compensation when it takes private property for public use.

Question 13

Match the term its description .
-substantive due process

Accepted Answer

Substantive due process refers to the doctrine that the Due Process Clause not only requires the government to follow fair procedures (procedural due process) but also concerns the type or substance of laws and regulations that government enacts, specifically whether they infringe on fundamental rights or liberties deemed to be protected under the due process clause.

Question 14

Match the term its description .
-original intent

Accepted Answer

Original intent refers to interpreting the Constitution based on what its authors meant or intended, which involves historical analysis of terms and provisions.

Question 15

Match the term its description .
-contract clause

Accepted Answer

The correct match for "contract clause" is a provision in Article I, Section 10, of the Constitution that provides that states cannot impair the obligations of contracts.

Question 16

Match the term its description .
-fundamental right

Accepted Answer

Fundamental rights are considered rights of the highest order, receiving the highest level of protection under the Constitution, which includes strict scrutiny when laws are challenged for infringing on these rights.

Question 17

Match the term its description .
-strict constructionist

Accepted Answer

A strict constructionist interprets the Constitution based on the explicit words and their original meaning, without inferring broader rights or principles not directly stated.

Question 18

Match the term its description .
-implicit in the concept of ordered liberty

Accepted Answer

The term "implicit in the concept of ordered liberty" is often used by the Court to determine if a particular human activity is protected under the Due Process Clause as a "liberty interest."

Question 19

Match the term its description .
-living will

Accepted Answer

A living will is a legal document that specifies a person's wishes regarding medical treatment in situations where they are no longer able to express informed consent due to incapacity.

Question 20

Match the term its description .
-undue burden

Accepted Answer

The term "undue burden" is specifically associated with a legal standard used to review restrictions on abortion for their constitutionality, as established in Planned Parenthood v. Casey.

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

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.

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.

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.

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.

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

The eminent domain power is found in the ________ Amendment.

Match the term its description . -liberty of contract

Match the term its description . -Due Process Clause

Match the term its description . -procedural due process

Match the term its description . -original understanding

Match the term its description . -reasonable expectation of privacy

Match the term its description . -takings clause

Match the term its description . -substantive due process

Match the term its description . -original intent

Match the term its description . -contract clause

Match the term its description . -fundamental right

Match the term its description . -strict constructionist

Match the term its description . -implicit in the concept of ordered liberty

Match the term its description . -living will

Match the term its description . -undue burden