Substantive Due Process & Equal Protection Flashcards
Equal protection refers to the constitutional requirement that:
Laws not be applied differently to different classifications of people absent a sufficient reason
regarding government action challenged under the Due Process or Equal Protection Clause where no fundamental right or suspect or quasi-suspect classification is involved?
The law will be upheld unless it is arbitrary
When a law that involves classifications based on gender or legitimacy is challenged, __________.
an intermediate scrutiny standard is applied, and the burden of proving that the law is constitutional generally is on the government
What is the correct standard used to determine constitutionality in age-based equal protection cases?
Rational Basis
Intermediate scrutiny applies to
Quasi-suspect classifications such as gender or legitimacy.
Strict Scrutiny applies to
suspect classifications such as race, national origin, alienage.
The government may not impose an undue burden on a woman’s ability to obtain an abortion
before viability
The one person, one vote principle requires almost exact mathematical equality between __________.
Congressional districts within a state
Strict scrutiny usually would be applied to:
A state law denying aliens government benefits