The Due Process Clause of the Fourteenth Amendment ensures that no state shall deprive any person of life, liberty, or property without due process of law. This clause has been interpreted to protect certain fundamental rights, including the right to marry. The Supreme Court, in (Obergefell v. Hodges (2015), held that the right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the Fourteenth Amendment, same-sex couples may not be deprived of that right and that liberty. In this case, the proposition aimed to eliminate the right of same-sex couples to marry. This action would strip a particular group of a fundamental right without a compelling state interest to justify such discrimination. The court would likely find this unconstitutional because it singles out a disfavored group for unequal treatment and takes away a fundamental right without adequate justification.
The question revolves around the constitutionality of the “American Morality Leadership Act,” which imposes strict dress and grooming codes on the public. The most accurate constitutional argument against this Act is that it infringes on fundamental rights of the individual. Here’s why: 1. Fundamental Rights: The U.S. Constitution protects certain fundamental rights, such as freedom of expression and personal liberty. These rights extend to individual choices about personal appearance, including dress and grooming. 2. Governmental Regulation: When the government enacts a law that infringes on fundamental rights, it must pass strict scrutiny, which means the law must be narrowly tailored to serve a compelling government interest. The Act in this question imposes arbitrary and extensive restrictions on personal appearance without a clear, compelling government interest, making it unlikely to withstand strict scrutiny. 3. Case Law: Courts have consistently recognized the right to personal expression through dress and grooming as part of the broader liberty interests protected by the Constitution. For instance, in cases like Williams v. Pryor and DeWeese v. Town of Palm Beach, courts struck down regulations that unnecessarily restricted personal appearance. The answer you selected correctly identifies the constitutional issue at play: the infringement on fundamental rights of the individual.
Social and economic regulations, like the one in this question, are typically subject to what's known as "rational basis review." This standard is the most lenient form of judicial review. For a law to pass this test, it only needs to show that there's a reasonably conceivable set of facts that could demonstrate a rational relationship between the law and the government's legitimate goals. In this case, the city passed a law to prevent the sale of cats and dogs from retail pet stores, which likely aims to address issues such as the inhumane treatment of animals in "puppy mills" and overpopulation. These are considered legitimate government interests. So, the court concluded that the statute serves a legitimate state interest and is enforceable. The rational basis test doesn't require the law to be the best or most effective means of achieving the goal, just that it is a reasonable way to do so.
This scenario revolves around the Fourth Amendment, which protects individuals from unreasonable searches and seizures. In the context of a traffic stop, officers need "reasonable suspicion" to pull someone over, similar to a Terry stop. However, the threshold for searching a vehicle is higher; it requires "probable cause." 1. Reasonable Suspicion vs. Probable Cause: While the officer had a valid reason (speeding) to stop the driver, he did not have probable cause to believe there was contraband or evidence of a crime in the vehicle. The driver's fidgety behavior alone doesn't meet the legal standard for probable cause. 2. Legal Precedents: Cases like United States v. Landaverde and Rodriguez v. United States highlight that probable cause to search a vehicle must be independently established from the reason for the traffic stop. Simply put, just because you can stop the car doesn’t mean you can search it without further justification. 3. Fourth Amendment Violation: Since the officer had no articulable reason or evidence suggesting the presence of illegal items, the search was unconstitutional. As a result, the evidence found (the stolen peaches) should be suppressed, meaning it cannot be used in court. By understanding these principles, you correctly identified that the search was unconstitutional due to the lack of probable cause.
This case raises issues under the Due Process Clause of the Fourteenth Amendment. Procedural due process requires that before the government deprives a person of life, liberty, or property, the individual must be given notice and an opportunity to be heard. In this case, the massage parlor owner claims that her business license and permits were revoked without sufficient procedural protections.
Under established case law, licenses and permits can constitute property interests if state law creates a legitimate claim of entitlement to them. Once such a property interest exists, the government cannot arbitrarily revoke it without due process, which typically includes notice and a hearing. The massage parlor owner had a property interest in her license and permits because they were previously granted by the state. By revoking them without any individualized process (such as a hearing or detailed notice), the government likely violated her procedural due process rights.
The court’s dismissal of her claim based on the notion that she did not have a property interest is likely incorrect because business licenses and permits are recognized as property interests under procedural due process law. Therefore, the Court of Appeals is likely to reverse the dismissal and allow her procedural due process claim to proceed.
