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Question 1

What are the four levels of scrutiny the constitution may require

Answer 1

(1) Strict Scrutiny
(2) Intermediate Scrutiny
(3) Low-Level Scrutiny
(4) Low Leve Scutiny “With a Bite”

Question 2

From what language in the consitution do we apply the levels of scrutiny?

Answer 2

The equal protection clause

Question 3

Where is the equal protection clause?

Answer 3

Amendment 14, Section 1

Question 4

When might you use the equal protection clause?

Answer 4

Dealing with “classes” of people

Question 5

Low Level Scrutiny

Answer 5

(1) Burden of Proof on P, where they must show;
(i)No legitimate governmental interest
or;
(ii)the means are not rationally related to the end

Question 6

Low level scrutiny “With a bite”

Answer 6

(1) Burden of Proof is on D, where Government has to prove;
(i) there is a legitimate governmental interest
and;
(ii) The means are rationally related to the end

Question 7

What is Intermediate Scrutiny?

Answer 7

(1) Burden of proof is on D, where the Gov. must prove;
(i) There is an important governmental interest
and;
(ii) The means are substantially related to the end

Question 8

What is Strict Scrutiny?

Answer 8

(1) Burden of proof is on D, where the Gov. has to:
(i) Prove a compelling state interest
and;
(ii) show those means are narrowly tailored to the end

Question 9

What case established Strict Scrutiny?

Answer 9

Korematsu

Question 10

Korematsu: (R)

Answer 10

(1) Strict Scrutiny is applied when:
(i) The group is defined by an immutable characteristic
(ii) Who is the victim of a history of discrimination
and;
(iii) The ability of the group at issue to “protect itself through the political process…”?????

See more about what factor (iii) means