Substantive Due Process Flashcards
1
Q
What are the two clauses regarding substantive due process?
A
The Due Process Clause of the Fifth Amendment and the Due Process Clause of the Fourteenth Amendment.
2
Q
To whom does the Due Process Clause of the Fifth Amendment apply?
A
Federal Government
3
Q
To whom does the Due Process Clause of the Fourteenth Amendment apply?
A
State and local governments
4
Q
What standard is applied to fundamental rights?
A
Strict Scrutiny
5
Q
What standard is applied to all other rights?
A
Rational Basis
6
Q
What standard is applied to quasi-suspect classifications?
A
Intermediate Scrutiny.