Economic Liberties: only way to declare unconstitutional is by fitting into one of the categories of Footnote 4, no longer is a lack of legitimate purpose enough to invalidate.
Modern rational basis review under the Due Process Clause: Virtually all restrictions tested under the rational basis test are upheld, because it allows a vast range of permissible interests, and generally upholds laws even when their factual basis is highly questionable, even when the laws are overinclusive or underinclusive, and even when there are many less restrictive alternatives that may still accomplish the law’s goal.
- Fundamental Rights
- - Right of Privacy (notice 14th amendment says search/seizure... not privacy)
- - Right of parents to control upbringing of children
- - Right to procreate
- - Right of personal freedom - husband and wife
- - Right to marry
- - Right to abortion (Roe v. Wade) - decided fetus not a person until birth, state's interests limited
- Unenumerated Rights
- Fundamental rights deeply rooted in tradition and history
- - Right to sodomy - not a right b/c not deeply rooted in tradition and history
- - Right to physician assisted suicide - not a right b/c not deeply rooted in tradition and history