US Due Process and Equal Protection 2 — Questions and Answers
Question 1: What must the government demonstrate under the 'rational basis' test?
- A compelling governmental interest with narrow tailoring
- That the law is substantially related to an important government interest
- That the law is rationally related to a legitimate government interest (Correct answer)
- That no less restrictive alternative means exist
Correct 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.
Question 2: Which clause of the 14th Amendment has courts primarily used to apply most Bill of Rights protections to state governments?
- Equal Protection Clause
- Privileges or Immunities Clause
- Due Process Clause (Correct answer)
- Citizenship Clause
Correct 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.
Question 3: What standard of review applies to laws that classify people based on sex or gender?
- Strict scrutiny
- Intermediate scrutiny (Correct answer)
- Rational basis review
- Compelling interest balancing test
Correct answer: Intermediate scrutiny
Intermediate scrutiny — established in Craig v. Boren (1976) — requires that gender-based classifications be substantially related to an important governmental interest.
Question 4: Which Supreme Court case first recognized a constitutional right to privacy under substantive due process?
- Mapp v. Ohio (1961)
- Griswold v. Connecticut (1965) (Correct answer)
- Miranda v. Arizona (1966)
- Terry v. Ohio (1968)
Correct 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.
Question 5: What must the government show to satisfy 'strict scrutiny'?
- A legitimate and rational purpose for the law
- An important governmental interest and substantial relation
- A compelling interest and that the law is narrowly tailored using the least restrictive means (Correct answer)
- That a majority of states have passed a similar law
Correct 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.
Question 6: Which landmark case struck down Virginia's law banning interracial marriage as unconstitutional?
- Brown v. Board of Education (1954)
- Plessy v. Ferguson (1896)
- Loving v. Virginia (1967) (Correct answer)
- Shelby County v. Holder (2013)
Correct 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.
Question 7: Which of the following is NOT considered a 'suspect classification' triggering strict scrutiny under the Equal Protection Clause?
- Race
- National origin
- Wealth or economic status (Correct answer)
- Alienage (in most cases)
Correct 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.
US Due Process and Equal Protection 2
What must the government demonstrate under the 'rational basis' test?