Fundamental rights under Substantive Due Process and Equal Protection

Question 1

Analysis

Answer 1

4 Questions:

1. Is the right a fundamental one?
2. Has the right been infringed?
3. Does the government have a sufficient justification for the law?
4. Are the means used to achieve the law sufficiently related to the ends?

If the right is fundamental, strict scrutiny is applied. When the right is infringed, the means must be necessary.

If the right is nonfundamental, rational basis is applied. If the right is infringed, the means only need to be reasonable.