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Equal Protection and Due Process

Description: Equal Protection and Due Process Quiz
Number of Questions: 16
Created by:
Tags: constitutional law equal protection due process
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Which of the following is NOT a suspect class under the Equal Protection Clause?

  1. Race

  2. Gender

  3. Wealth

  4. Religion


Correct Option: C
Explanation:

Wealth is not a suspect class under the Equal Protection Clause. Race, gender, and religion are suspect classes, which means that laws that discriminate against these groups are subject to strict scrutiny.

What is the standard of review for laws that discriminate against a suspect class?

  1. Rational basis review

  2. Intermediate scrutiny

  3. Strict scrutiny

  4. Deferential review


Correct Option: C
Explanation:

Laws that discriminate against a suspect class are subject to strict scrutiny, which is the most rigorous level of judicial review. Under strict scrutiny, the government must have a compelling interest in the law and the law must be narrowly tailored to achieve that interest.

What is the standard of review for laws that do not discriminate against a suspect class?

  1. Rational basis review

  2. Intermediate scrutiny

  3. Strict scrutiny

  4. Deferential review


Correct Option: A
Explanation:

Laws that do not discriminate against a suspect class are subject to rational basis review, which is the lowest level of judicial review. Under rational basis review, the government need only show that the law is rationally related to a legitimate government interest.

What is the Due Process Clause?

  1. A provision of the Fourteenth Amendment that protects individuals from government action that deprives them of life, liberty, or property without due process of law

  2. A provision of the Fifth Amendment that protects individuals from government action that deprives them of life, liberty, or property without due process of law

  3. A provision of the Sixth Amendment that protects individuals from government action that deprives them of life, liberty, or property without due process of law

  4. A provision of the Eighth Amendment that protects individuals from government action that deprives them of life, liberty, or property without due process of law


Correct Option: A
Explanation:

The Due Process Clause is a provision of the Fourteenth Amendment to the United States Constitution that protects individuals from government action that deprives them of life, liberty, or property without due process of law.

What are the two types of due process?

  1. Procedural due process and substantive due process

  2. Civil due process and criminal due process

  3. Federal due process and state due process

  4. Legislative due process and executive due process


Correct Option: A
Explanation:

There are two types of due process: procedural due process and substantive due process. Procedural due process protects individuals from government action that deprives them of life, liberty, or property without a fair hearing. Substantive due process protects individuals from government action that is arbitrary or unreasonable.

What is the difference between procedural due process and substantive due process?

  1. Procedural due process protects individuals from government action that deprives them of life, liberty, or property without a fair hearing, while substantive due process protects individuals from government action that is arbitrary or unreasonable.

  2. Procedural due process protects individuals from government action that deprives them of life, liberty, or property without a fair hearing, while substantive due process protects individuals from government action that violates their fundamental rights.

  3. Procedural due process protects individuals from government action that deprives them of life, liberty, or property without a fair hearing, while substantive due process protects individuals from government action that is unconstitutional.

  4. Procedural due process protects individuals from government action that deprives them of life, liberty, or property without a fair hearing, while substantive due process protects individuals from government action that is illegal.


Correct Option: A
Explanation:

Procedural due process protects individuals from government action that deprives them of life, liberty, or property without a fair hearing, while substantive due process protects individuals from government action that is arbitrary or unreasonable.

What are some examples of procedural due process violations?

  1. Denying someone a hearing before depriving them of their property

  2. Failing to provide someone with notice of a hearing

  3. Holding a hearing without giving someone an opportunity to present evidence

  4. All of the above


Correct Option: D
Explanation:

Procedural due process violations can include denying someone a hearing before depriving them of their property, failing to provide someone with notice of a hearing, and holding a hearing without giving someone an opportunity to present evidence.

What are some examples of substantive due process violations?

  1. A law that criminalizes abortion

  2. A law that bans same-sex marriage

  3. A law that allows the government to detain people without charge or trial

  4. All of the above


Correct Option: D
Explanation:

Substantive due process violations can include laws that criminalize abortion, laws that ban same-sex marriage, and laws that allow the government to detain people without charge or trial.

What is the Equal Protection Clause?

  1. A provision of the Fourteenth Amendment that prohibits states from denying any person within their jurisdiction the equal protection of the laws

  2. A provision of the Fifth Amendment that prohibits the federal government from denying any person within its jurisdiction the equal protection of the laws

  3. A provision of the Sixth Amendment that prohibits the states and the federal government from denying any person within their jurisdiction the equal protection of the laws

  4. A provision of the Eighth Amendment that prohibits the states and the federal government from denying any person within their jurisdiction the equal protection of the laws


Correct Option: A
Explanation:

The Equal Protection Clause is a provision of the Fourteenth Amendment to the United States Constitution that prohibits states from denying any person within their jurisdiction the equal protection of the laws.

What does the Equal Protection Clause prohibit?

  1. Laws that discriminate against a suspect class

  2. Laws that discriminate against a quasi-suspect class

  3. Laws that discriminate against a non-suspect class

  4. All of the above


Correct Option: A
Explanation:

The Equal Protection Clause prohibits laws that discriminate against a suspect class. A suspect class is a group of people who have been historically discriminated against, such as race, gender, and religion.

What is a suspect class?

  1. A group of people who have been historically discriminated against

  2. A group of people who are politically unpopular

  3. A group of people who are economically disadvantaged

  4. A group of people who are socially marginalized


Correct Option: A
Explanation:

A suspect class is a group of people who have been historically discriminated against, such as race, gender, and religion.

What is a quasi-suspect class?

  1. A group of people who are politically unpopular

  2. A group of people who are economically disadvantaged

  3. A group of people who are socially marginalized

  4. All of the above


Correct Option: D
Explanation:

A quasi-suspect class is a group of people who are not as historically discriminated against as suspect classes, but who are still subject to some discrimination. Quasi-suspect classes include groups such as national origin, alienage, and illegitimacy.

What is a non-suspect class?

  1. A group of people who are not subject to discrimination

  2. A group of people who are not historically discriminated against

  3. A group of people who are not politically unpopular

  4. A group of people who are not economically disadvantaged


Correct Option: B
Explanation:

A non-suspect class is a group of people who are not historically discriminated against, such as wealth, intelligence, and attractiveness.

What is the standard of review for laws that discriminate against a suspect class?

  1. Rational basis review

  2. Intermediate scrutiny

  3. Strict scrutiny

  4. Deferential review


Correct Option: C
Explanation:

Laws that discriminate against a suspect class are subject to strict scrutiny, which is the most rigorous level of judicial review. Under strict scrutiny, the government must have a compelling interest in the law and the law must be narrowly tailored to achieve that interest.

What is the standard of review for laws that discriminate against a quasi-suspect class?

  1. Rational basis review

  2. Intermediate scrutiny

  3. Strict scrutiny

  4. Deferential review


Correct Option: B
Explanation:

Laws that discriminate against a quasi-suspect class are subject to intermediate scrutiny, which is a less rigorous level of judicial review than strict scrutiny. Under intermediate scrutiny, the government must have an important interest in the law and the law must be substantially related to that interest.

What is the standard of review for laws that discriminate against a non-suspect class?

  1. Rational basis review

  2. Intermediate scrutiny

  3. Strict scrutiny

  4. Deferential review


Correct Option: A
Explanation:

Laws that discriminate against a non-suspect class are subject to rational basis review, which is the lowest level of judicial review. Under rational basis review, the government need only show that the law is rationally related to a legitimate government interest.

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