US Due Process and Equal Protection 2

Question 1

What must the government demonstrate under the 'rational basis' test?

Accepted Answer

That the law is rationally related to a legitimate government interest

Answer

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?

Accepted Answer

Due Process Clause

Answer

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?

Accepted Answer

Intermediate scrutiny

Answer

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?

Accepted Answer

Griswold v. Connecticut (1965)

Answer

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'?

Accepted Answer

A compelling interest and that the law is narrowly tailored using the least restrictive means

Answer

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.

US Constitution Exam Practice Test

US Constitution Exam Practice Test

US Due Process and Equal Protection 2