S.O.U.N.D. Advice: Constitutional Law and Fundamental Rights

S.O.U.N.D. Advice: Constitutional Law--Addressing Fundamental Rights Questions

Fundamental Rights and Due Process: Review of fundamental rights under the due process clauses invokes strict scrutiny: the government must prove a compelling state interest and the law must be narrowly tailored to the goals sought to be achieved. The fundamental rights are: privacy (generally), contraception, abortion (whether it is a fundamental right any more may be in question), family autonomy, marriage, procreation, sexual activity, the right to refuse medical care decision making, travel, voting, and access to courts.

S.O.U.N.D. Advice:

When addressing fundamental rights questions, apply the following methodology:

1. Is there a fundamental right?
2. Is the right infringed?
3. Is the government’s action justified by a sufficient purpose?
4. Are the means sufficiently related to the goal sought?