Due Process and Equal Protection Flashcards
7 cards from real US practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Due Process and Equal Protection flashcards as text
What must the government demonstrate under the 'rational basis' test?
Answer: That the law is rationally related to a legitimate government interest
Under rational basis review — the most deferential standard — a law is upheld as long as it is rationally related to any legitimate government interest.
Which clause of the 14th Amendment has courts primarily used to apply most Bill of Rights protections to state governments?
Answer: Due Process Clause
The Supreme Court has used the Due Process Clause of the 14th Amendment through the 'incorporation doctrine' to apply most Bill of Rights protections against state government action.
What standard of review applies to laws that classify people based on sex or gender?
Answer: Intermediate scrutiny
Intermediate scrutiny — established in Craig v. Boren (1976) — requires that gender-based classifications be substantially related to an important governmental interest.
Which Supreme Court case first recognized a constitutional right to privacy under substantive due process?
Answer: Griswold v. Connecticut (1965)
Griswold v. Connecticut (1965) recognized a constitutional right to privacy in marital relations, drawing on penumbras of the Bill of Rights and the concept of substantive due process.
What must the government show to satisfy 'strict scrutiny'?
Answer: A compelling interest and that the law is narrowly tailored using the least restrictive means
Strict scrutiny requires the government to demonstrate a compelling governmental interest and that the law is narrowly tailored to achieve it using the least restrictive means available.
Which landmark case struck down Virginia's law banning interracial marriage as unconstitutional?
Answer: Loving v. Virginia (1967)
Loving v. Virginia (1967) unanimously held that laws prohibiting interracial marriage violated both the Equal Protection and Due Process Clauses of the 14th Amendment.
Which of the following is NOT considered a 'suspect classification' triggering strict scrutiny under the Equal Protection Clause?
Answer: Wealth or economic status
Wealth or poverty (economic status) is not a suspect classification and receives only rational basis review; the Supreme Court has declined to treat the poor as a protected class.