DP requires that certain fundamental rights not be taken away w/o compelling state interest & narrow tailored
1) legis Scalia’s test:
i. define to most specific level of generality
ii. is the rt deeply rooted in our nation’s history & legal traditions
2) executive Souter test: Sacramento Cty.
i. intentional action
ii. that shocks conscience
b) if fundamental, can’t be abridged unless:
1. compelling state int
2. narrowly tailored
c) if not fundamental => rational basis test
d) what have been found to be fundamental?
1. family unit is sacred Pierce
2. rt to educate your kids Meyer
3. not to practice homosexual sodomy Bowers but states can allow it
4. abortion: state regulation must not place undue burden on mommy
a. 1st tri: fundamental rt to get abortion
b. 2nd: no undue burden
c. 3rd: states can forbid it, but not totally (must save mom’s life, etc)
5. freedom from bodily intrusion Jacobsen
6. not fundamental to commit suicide Cruzan
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