Con Law Questions to ponder

The Con Law professor thought this would be a good final question: The Supreme Court is good. Discuss.

This lead me to identify several good Con Law related questions for a final exam:

You need to be 18 to vote. You need to be 16 and possess a license to drive. However there are no requirements to have children. Since Brittney Spears may be preggers again (what a fantastic mother she has been so far: infant child in on her lap while driving and her child may have brain damage and definately has a cracked skull because of repeatedly being dropped on his head). And rumor has it, Anna Nicole Smith may be pregant as well. Although there is a fundamental right to procreation, doesn't the government have a compelling interest in sterilization of the stupid? I for one, do not want the "meek [minded] to inherit the earth."

For the geeky among us: The mutant registration program from X-Men. What level of scrutiny would apply for this governmental law?


The Namby Pamby said...

Stupid people everywhere means more clients for us future magistrates and noblemen

Elle Woods said...

I'm such a nerd for saying this, but Buck v. Bell is still *technically* good law so there might not be a fundamental right to procreation, particularly if you come from "3 generations of imbiciles" (sp?).

I'm sure we can prove they both come from moronic grandparents, the problem is I still doubt a state wouold force abortion, just sterilization.

The Namby Pamby said...

elle...[twhacks forehead]...nerd

Andrew said...

Sadly I know the right answer. Buck v. Bell is good law only because the court in Skinner wanted to show deference to Holmes or Hand I never can remember who wrote that one. But anyway Skinner sets ups procreation as a fundamental right and stops the state from castrating a 3 time convicted felon. Additionally Gerber, a prisoner's rights case, says that procreation is a fundamental right (the prisoner lost his chance to artificial inseminate his wife on other grounds). That means that procreation is a fundamental right encompassed in the liberty provision of the 14th Amendment. Therefore under the scheme outlined in footnote 4 of Carolene Products, you get high scrutiny review. Under HSR the state would have to show a compelling interest and moral legislation won't cut it. So no abortion or sterilization is allowed for Britney or Anna. You might be able to get there if you could have an actual finding of fact that this was good policy for sex offenders. Good luck on that though.