Chapter 14 Flashcards
When evaluating a governmental action under strict scrutiny, the government is required to:
Show that the action is narrowly tailored to meet its goals.
Demonstrate that it cannot meet its goals via less discriminatory means.
Prove that the action is necessary to further a compelling governmental interest.
All of these are correct.
How does the Fourteenth Amendment’s State Action Doctrine affect private parties?
It does not limit discrimination by private parties, only by governmental entities.
In the context of Korematsu v. U.S., what was Executive Order 9066, and what impact did it have on Japanese Americans?
Executive Order 9066 was an order signed by President Franklin D. Roosevelt authorizing the Secretary of War and the armed forces to remove people of Japanese ancestry from designated military areas, leading to the internment of more than 120,000 Japanese people.
When applying strict scrutiny to governmental action, which of the following criteria does a court consider to determine whether a classification is suspect?
All of these are correct.
Whether the classified group has historically been subject to discrimination.
Whether the classified group exhibits an unchangeable characteristic that establishes the group as distinct.
Whether the classified group is inadequately protected by the political process.
Under which level of scrutiny is a governmental action considered valid if it is substantially related to achieving an important government interest?
Intermediate scrutiny
What was the underlying premise of the Supreme Court’s decision in the Brown v. Board of Education case?
The Court concluded that segregation of public schools, even if the physical facilities and other tangible factors were equal, inherently deprives minority children of equal educational opportunities.
Which level of judicial scrutiny is most demanding and generally applies to classifications that are constitutionally “suspect,” or that interfere with fundamental rights?
Strict scrutiny
While the Equal Protection Clause is directed at the states, how does it apply to the federal government?
The Fifth Amendment incorporates equal protection guarantees, thus applying them to the federal government.
In the context of rational basis review, which of the following is true?
Courts generally presume that governmental action that is subject to such review is constitutionally valid.
In the context of United States Supreme Court rulings related to sex discrimination and equal protection, which of the following statements is most accurate?
In U.S. v. Virginia, the Supreme Court found the exclusion of women from the Virginia Military Institute (VMI) unconstitutional, concluding that the exclusion was not substantially related to the achievement of important goals such as maintaining educational diversity or preserving VMI’s unique adversative method of training.
Which of the following best describes the argument presented by Justice Robert H. Jackson in his dissenting opinion in Korematsu v. U.S.?
He dissented on the grounds that Korematsu’s conviction was based solely on his ancestry, violating the principle that guilt is personal and not inheritable.
What is the primary objective of the Fourteenth Amendment’s Equal Protection Clause?
To prevent states from denying any person within its jurisdiction the equal protection of the laws.
