Equal Protection: Types of Scrutiny Flashcards
1
Q
Why does a court need to review the substance of law, rather than just the procedures employed?
A
Because of the substantive due process and equal protection guarantees.
2
Q
In general, how do you identify a substantive due process issue?
A
When the law limits liberty of ALL persons to engage in some activity.
3
Q
In general, how do you identify an equal protection issue?
A
When the law limits liberty of a person or a class of persons to engage in some activity, when others are allowed to do so.
4
Q
What is the “class of one” theory?
A
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