Missed Con Law Questions

Question 1

Ex post facto nuance

Answer 1

The ex post facto clauses generally prohibit state and federal governments from enacting criminal laws that have a retroactive punitive effect. But a civil law also will be deemed to be an ex post facto law when its retroactive effect is so punitive that it clearly overrides the law’s nonpunitive purpose.

Question 2

Discriminatory laws can be challenged under the equal protection clause and are generally subject to rational basis review, which requires that a law be rationally related to a legitimate government objective. But heightened scrutiny is used when a law substantially impacts a fundamental right or intentionally discriminates against a suspect or quasi-suspect class. A law can intentionally discriminate:

Answer 2

Fundamental rights (First VIP)
(strict scrutiny)

• First Amendment freedoms
• Voting
• Interstate travel
• Privacy
  Marriage / family
  Parental rights
  Sexual acts
  Contraceptives

Question 3

Answer 3

The equal protection component of the Fifth Amendment requires federal laws based on U.S. citizenship to satisfy rational basis scrutiny. This level of scrutiny places the burden on the challenger to prove that the law is not rationally related to a legitimate government interest.

Question 5