Editing Constitutional Liberties
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=== Procedural Due Process === | === Procedural Due Process === | ||
The existence of a right triggers two distinct burdens on the government. One is | The existence of a right triggers two distinct burdens on the government. One is substantive and the other is procedural. | ||
==== Framework for Analyzing fundamental rights ==== | ==== Framework for Analyzing fundamental rights ==== | ||
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# Is there a Constitutional right infringed? – If there is a fundamental right, this is the next question. There is no doubt that a Constitutional right is infringed and the government must be justified when the exercise of a right is prohibited. | # Is there a Constitutional right infringed? – If there is a fundamental right, this is the next question. There is no doubt that a Constitutional right is infringed and the government must be justified when the exercise of a right is prohibited. | ||
# Is there a sufficient justification for the government’s infringement? – The government needs a compelling state interest to infringe on a fundamental right | # Is there a sufficient justification for the government’s infringement? – The government needs a compelling state interest to infringe on a fundamental right | ||
# Is the means sufficiently related to the purpose? – Under strict scrutiny, it is not enough for the government to prove a compelling purpose, they must also show that the law is necessary to achieve the objective. | # Is the means sufficiently related to the purpose? – Under strict scrutiny, it is not enough for the government to prove a compelling purpose, they must also show that the law is necessary to achieve the objective. | ||
=== Constitutional protection for family autonomy === | === Constitutional protection for family autonomy === |