Due Process House

Everything in the Due Process House is a fundamental right and gets strict scrutiny applied, except abortion which uses the undue burden analysis

Framework for Analyzing Fundamental Rights

The first question asked is if there is a fundamental right? The second question is whether the right is being infringed? Third, is whether the govovernment's action are justified by a sufficient purpose? And the last question is whther the means adopted are sufficiently related to the ends being sought?

Is there a fundamental right? Originalists look for explicit words in the constitution or rights clearly intended by the framers. Noj-originalists don't adopt this strict view. Moderate originalists think the Court should implement the Framer's general intent, but not their specific intent. The Court has also looked at tradition and history and has said that fundamnetal rights include those liberites that are "deeply rooted in this Nation's history and tradition. And some argue that the Court's preeminent role is to perfecting the process of government.

Is the constitutional right infringed? The Court askes the question whether there is a direct and substantial interference with the excercise of that right.

The government has the burden of showing that a truky vital interest is servef by infrinfing the right.

The government must also show that the law is necessary to achieve its objectiveThere is also a requiremnt that the government use the least restrictive means.

Fundamental Rights

The Supreme Court has held that some liberties are so important tha they are deemed fundamental. Generally, State action that infringes upon these "fundamental rights" will not be upheld unless strict scruitny is met. Fundamental rights include rights that protect family autonomy, procreation,sexual activity and orientation, medical care decison making, travel, voting, and acess to the courts. However, claims of economic liberites (think Lochner) only need to meet rational basis review.

Infringements on fundamental rights can be challeneged under the Due Process Clause of the Fourteenth Amendment or the Equal Protection Clause of the Fourteenth Amendment. The difference is that under Due Process the issue is whether the government's interference is justified by a sufficient purpose, unde Equal Protection the issue is whether the government's discrimination is justified by a sufficient purpose.