Substantive Due Process Flashcards

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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.

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2
Q

To whom does the Due Process Clause of the Fifth Amendment apply?

A

Federal Government

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3
Q

To whom does the Due Process Clause of the Fourteenth Amendment apply?

A

State and local governments

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4
Q

What standard is applied to fundamental rights?

A

Strict Scrutiny

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5
Q

What standard is applied to all other rights?

A

Rational Basis

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6
Q

What standard is applied to quasi-suspect classifications?

A

Intermediate Scrutiny.

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