Substantive Due Process

Question 1

Standards of Review

Answer 1

(1) Strict Scrutiny
(2) Intermediate Scrutiny
(3) Rational Basis

Question 2

Strict Scrutiny

Answer 2

Law must be NECESSARY for a COMPELLING government interest

Must use LEAST RESTRICTIVE MEANS

Burden of proof on government

Question 3

When to Apply Strict Scrutiny?

Answer 3

Applies when there is a:

(1) Suspect classification; or
(2) Fundamental Right

Question 4

Intermediate Scrutiny

Answer 4

Law must be SUBSTANTIALLY RELATED to an IMPORTANT government interest

Question 5

When to Apply Intermediate Scrutiny?

Answer 5

When classification based on GENDER or LEGITIMACY

Has only been used to decide cases based on EQUAL PROTECTION grounds

Question 6

Rational Basis

Answer 6

Law RATIONALLY RELATED to LEGITIMATE government interest

Burden of proof on challenger

Question 7

When to Apply Rational Basis?

Answer 7

When interest infringed upon is not fundamental

Question 8

Fundamental Rights

Answer 8

(1) Travel
(2) Voting and ballot access
(3) Privacy