Chapter 4

Question 1

14th Amendment

Answer 1

added to the U.S. Constitution in 1868 that contains the Due Process, Equal Protection, and Privileges and Immunities clauses.

Question 2

Equal Protection Clause

Answer 2

provides that state cannot “deny to any person within its jurisdiction the equal protection of the laws.”
*prohibits state, local, and federal governments from enacting laws that classify and treat “similarly situated” persons differently.

Question 3

3 Different Standards of Review for deciding if something violates the Equal Protection Clause

Answer 3

1) Strict scrutiny test: a test that is applied to classifications based on race. classifies persons based on a suspect class (e.g., race, national origin, and citizenship).
2) Intermediate scrutiny test: a test that is applied to classifications based on protected classes other than race (e.g., gender). *government must have an important reason for treating persons differently because of their sex in order for such unequal treatment to be lawful. *governments must determine if the classification is “reasonably related” to a legitimate government purpose.
3) Rational Basis test: a test that is applied to classifications not involving a suspect or protected class. under this test, the courts will uphold government regulation as long as there is a justifiable reason for the law. this standard permits much of the government regulation of business.

Question 4

Due Proces Clause

Answer 4

a clause that provides that no person shall be deprived of “life, liberty, or property” without due process of the law.
*due process clause of the 5th amendment applies to federal government action, that of the 14th amendment applies to state and local government action.

Question 5

Substantive Due Process

Answer 5

a category of due process that requires that government statutes, ordinances, regulations or other laws be clear on their face and not overly broad in scope.
*the test of whether substantive due process is met is whether a “reasonable person” could understand the law to be able to comply with it. (laws that do not meet this test are declared void for vagueness).

Question 6

Procedural Due Process

Answer 6

a category of due process that requires that the government give a person proper notice and hearing of the legal action before that person is deprived of his or her life, liberty, or property.

Question 7

Privileges or Immunities Clause

Answer 7

a clause that prohibits states from enacting laws that unduly discriminate in favor of their residents.