Substantive Due Process

Question 1

If a law limits liberty for all persons to engage in some activity, it is a violation of __________________.

Answer 1

substantive due process.

Question 2

If a law treats a person or class of persons differently from others, it is a violation of __________________.

Answer 2

equal protection.

Question 3

Strict Scrutiny

Answer 3

a law is upheld if it is necessary to achieve a compelling government interest.

Question 4

Intermediate Scrutiny

Answer 4

a law will be upheld if it is substantially related to an important government purpose.

Question 5

Rational Basis Review

Answer 5

a law will be upheld if it is rationally related to a legitimate government purpose.

Question 6

What regulations are analyzed under strict scrutiny?

Answer 6

laws affecting fundamental rights or involving suspect classes.

Question 7

What regulations are analyzed under intermediate scrutiny?

Answer 7

regulations involving quasi-suspect classes.

Question 8

What regulations are analyzed under rational basis scrutiny?

Answer 8

regulations not involving fundamental rights, suspect classes or quasi-suspect classes.

Question 9

Substantive due process is derived from what parts of the Constitution?

Answer 9

the due process clauses of the 5th and 14th Amendments.

Question 10

The due process clause of the 5th Amendment applies to what?

Answer 10

the federal government

Question 11

The due process clause of the 14th Amendment applies to what?

Answer 11

the states and local governments