Last Class (Quick Recap)

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Last Class(Quick Recap)

• VI. Economic Due Process
• A. Intro
• B. The Rise of Economic SDP
• C. The Fall of Liberty to Contract

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What we will cover today

• VI. Economic Due Process
• A. Intro
• B. The Rise of Economic SDP
• C. The Fall of Liberty to Contract
• D. Review of Economic Legislation
• VII. The Right to Privacy
• A. Introduction

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VI. Economic Due Process (cont.)
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Hypothetical A

• The State of New York passes legislation that
  requires automobile inspections be performed only
  by licensed inspection stations and further
  requires that only businesses independently owned
  may obtain such a license.

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Hypothetical A (cont.)

• This has the effect of cutting most gas stations
  out of the automobile inspection business because
  they are not independently owned businesses.

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Hypothetical A (cont.)

• In the legislative history, one lawmaker stated
  that this law is intended to help small
  businesses. However, data shows that, in the
  State of New York, only four companies qualify
  under this licensing law, all of which are
  multimillion-dollar businesses.

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Hypothetical A (cont.)

• Several gas station operators, who want to
  perform automobile inspections but cannot obtain
  a license under the law, file a lawsuit claiming
  the law violates the Due Process Clause of the
  14th Amend.
• What is the likely outcome of this lawsuit?

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Hypothetical B

• Assume you are a legislative aid to a state
  legislator. It has been suggested that
  population control is one way to preserve the
  natural resources of the state.

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Hypothetical B (cont.)

• For example, a study shows that the available
  potable water could be in jeopardy in twenty
  years and that urban expansion is likely to pose
  a danger to some of the natural wildlife
  habitats.

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Hypothetical B (cont.)

• Legislation has been proposed that would require
  every citizen who has two natural born children
  to show evidence that they have been sterilized
  before they will be issued a drivers license.

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Hypothetical B (cont.)

• The legislator for whom you work has asked you to
  comment on the constitutionality of this proposed
  legislation.
• You will tell her

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Hypothetical B (cont.)

• (A) The Due Process Clause of the 14th Amendment
  has, since 1937, been interpreted to prohibit
  only procedural irregularities and to have no
  substantive component. Therefore, the proposed
  legislation would not violate the Due Process
  Clause of the 14th Amendment.

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Hypothetical B (cont.)

• (B) Since 1937, the Supreme Court has used the
  rationality test in reviewing whether
  legislation violated the Due Process Clause of
  the 14th Amendment. Because protecting the
  states resources is a legitimate purpose and
  the method proposed by the legislation
  population control rationally relates to that
  purpose, the Court is likely to uphold the
  constitutionality of this legislation.

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Hypothetical B (cont.)

• (C) This legislation would violate the
  fundamental right to privacy protected by the
  Due Process Clause because it involves
  procreation and contraception, activities
  likely covered by this right of privacy. As
  such, the legislation would likely be held to
  be unconstitutional as it violates the Due
  Process Clause of the 14th Amendment.

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Hypothetical B (cont.)

• (D) This legislation violates the Ninth
  Amendment because it pertains to a right the
  right to procreate that while not enumerated
  in the Constitution, is still retained by the
  people, and thus the legislation likely would
  be held unconstitutional because it violates
  the Ninth Amendment.

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D. Review of Economic Legislation (The Modern
Rule)
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Williamson v. Lee Optical
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Ferguson v. Skrupa
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VII. Right to Privacy (Substantive Due Process)

• A. Introduction

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Griswold v. Connecticut
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Class Summary

• VI. Economic Due Process (cont.)
• D. Review of Economic Legislation
• 1. Williamson v. Lee Optical
• 2. Ferguson v. Skrupa
• VII. The Right to Privacy
• A. Introduction
• 1. Griswold v. Connecticut

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Next Class Assignment

• Review any reading we did not cover
• Text 603-621
• Moore v. City of East Cleveland
• Michael H.
• Troxel v. Granville