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Flashcards in Substantive Due Process Deck (11)
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1
Q

If a law limits liberty for all persons to engage in some activity, it is a violation of __________________.

A

substantive due process.

2
Q

If a law treats a person or class of persons differently from others, it is a violation of __________________.

A

equal protection.

3
Q

Strict Scrutiny

A

a law is upheld if it is necessary to achieve a compelling government interest.

4
Q

Intermediate Scrutiny

A

a law will be upheld if it is substantially related to an important government purpose.

5
Q

Rational Basis Review

A

a law will be upheld if it is rationally related to a legitimate government purpose.

6
Q

What regulations are analyzed under strict scrutiny?

A

laws affecting fundamental rights or involving suspect classes.

7
Q

What regulations are analyzed under intermediate scrutiny?

A

regulations involving quasi-suspect classes.

8
Q

What regulations are analyzed under rational basis scrutiny?

A

regulations not involving fundamental rights, suspect classes or quasi-suspect classes.

9
Q

Substantive due process is derived from what parts of the Constitution?

A

the due process clauses of the 5th and 14th Amendments.

10
Q

The due process clause of the 5th Amendment applies to what?

A

the federal government

11
Q

The due process clause of the 14th Amendment applies to what?

A

the states and local governments