Answer the following questions using the information from
readings, videos, and slide sets. No
outside information is required to successfully answer the questions; however,
if you use outside information, use proper citations in AMA formatting.
The following questions may describe a hypothetical
situation. They may be based on
real-world event but are not actions currently being undertaken by any
individual or groups of individuals.
When writing your responses, be objective. Do not argue for one side or another. If the question includes a hypothetical
situation, remember to clearly state the issue, the standard being used, and a
complete analysis of the issue. Finally,
exact words are important. Do not create your own terms or interchange terms
between standards.
Part 1 (Questions 1-5):
Procedural due process
1) When does someone have a right to
procedural due process?
2) What are five possible
ΒproceduresΒ available under procedural due process?
3) How do courts determine how much
due process is necessary before enforcement of a particular communicable
disease control law?
4) What elements of due process would
be required before a public health department can confine a person for 3 months
for treatment for TB? Why?
5) What elements of due process would
be required before state college health officials could bar an un?immunized
student from classes during a measles outbreak? Why?
Part 2 (Questions
6-9): Substantive due process
6) Briefly define the meaning and
purpose of substantive due process.
Use the
following information to answer questions 7a through 7c.
The State of Utah passes a law
prohibiting marriage between two persons who carry a specific genetic trait.
7a) Name the standard of review a
typical court in the U.S. would use if the Utah law were challenged by plaintiff(s)
claiming the law was an unconstitutional restriction of individual rights. Describe why the court would choose this
standard, and what the standard requires in order for a statute to be
constitutional.
7b) Would a court be likely to find the
law constitutional or unconstitution
al?
7c) Explain your answer in 7b using
the facts of this particular situation.
Use the
following information to answer questions 8a though 8c.
If the Utah law prohibiting marriage
between two persons who carry a specific genetic trait is deemed
unconstitutional, the legislature plans to revisit the issue during the next
legislative session. They will propose a bill that will require all women to be
tested for carrier status for the above mentioned genetic trait. Women who are
carriers will then be counseled against having children and required to attend
an educational session on genetic defects. Several legislators ask your advice
on whether the new bill will pass constitutional muster.
8a) Name the standard of review a
typical court in the U.S. would use if the Utah law were challenged by
plaintiff(s) claiming the law was an unconstitutional restriction of individual
rights. Describe why the court would
choose this standard, and what the standard requires in order for a statute to
be constitutional.
8b) Would a court be likely to find
the law constitutional or unconstitutional?
8c) Explain your answer in 8b using
the facts of this particular situation.
Use the
following information to answer questions 9a though 9c.
Rhode Island adopts a law requiring
health care workers to be immunized against a new airborne disease that has
caused several deadly outbreaks in hospitals in New York State. The vaccine has
been proven safe and effective. There are very few complications from the
vaccine. The law contains an exception for persons who can demonstrate that the
immunization would be harmful to them.
9a) Name the standard of review a
typical court in the U.S. would use if the Utah law were challenged by
plaintiff(s) claiming the law was an unconstitutional restriction of individual
rights. Describe why the court would
choose this standard, and what the standard requires in order for a statute to
be constitutional.
9b) Would a court be likely to find
the law constitutional or unconstitutional?
9c) Explain your answer in 9b using
the facts of this particular situation.