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Question 1
Laws affecting the fundamental rights of some groups but not others are subjected to which of the following:
Correct
Incorrect!
Correct
Incorrect!
Correct As with suspect classification, laws affecting fundamental rights are always subject to strict scrutiny. Despite (d), this is true regardless of the group whose rights are being infringed upon, so long as some other groups are not similarly impeded.
Incorrect! As with suspect classification, laws affecting fundamental rights are always subject to strict scrutiny. Despite (d), this is true regardless of the group whose rights are being infringed upon, so long as some other groups are not similarly impeded.
Correct
Incorrect!
Question 2
In light of recent events Congress passes a law temporarily prohibiting any citizen of the United States who has gained their citizenship within the past 5 years from leaving the country until such time as they schedule and undergo an interview. Is the law valid?
Correct The right to travel abroad is not a fundamental right, even though the right to travel freely among the states is a fundamental right. The law will therefore be subjected only to rational basis review, which it would likely pass.
Incorrect! The right to travel abroad is not a fundamental right, even though the right to travel freely among the states is a fundamental right. The law will therefore be subjected only to rational basis review, which it would likely pass.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 3
Southernstate passes a law prohibiting brown-eyed parents from enrolling their children in private art classes until the age of 12. A group of concerned, brown-eyed parents sue. What is the best argument they have for establishing a due process violation?
Correct
Incorrect!
Correct Although answers (a) and (c) make valid points, these cite only non-fundamental rights. Because (b) cites a fundamental right, the law would have to meet the more stringent strict scrutiny standard, which is more difficult to satisfy and therefore more likely to result in a win for the parents.
Incorrect! Although answers (a) and (c) make valid points, these cite only non-fundamental rights. Because (b) cites a fundamental right, the law would have to meet the more stringent strict scrutiny standard, which is more difficult to satisfy and therefore more likely to result in a win for the parents.
Correct
Incorrect!
Question 4
Northernstate is known for having particularly high unemployment benefits. In recent years, unemployed citizens of other states have moved to Northernstate in order to avail themselves of these benefits. Northernstate legislature recently passed a law which limits new citizens' unemployment benefits for the first year of their residency in Northernstate to the amount they would have received in their previous state. Is the law valid?
Correct
Incorrect!
Correct
Incorrect!
Correct The fundamental right at stake here is the right to travel freely among the states, which includes the right to not be discriminated against by the new home state. Answer (e) is exceedingly strong.
Incorrect! The fundamental right at stake here is the right to travel freely among the states, which includes the right to not be discriminated against by the new home state. Answer (e) is exceedingly strong.
Correct
Incorrect!
Question 5
Which of the following is not a fundamental right?
Correct Only (a) cites a non-fundamental right. All the others are fundamental and laws infringing upon these rights for will be subjected to strict scrutiny.
Incorrect! Only (a) cites a non-fundamental right. All the others are fundamental and laws infringing upon these rights for will be subjected to strict scrutiny.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 6
Southernstate passes legislation requiring "all persons with red hair may obtain their driver's license at the age of 17," while all other residents can get their license at 16. Will the law be subject to only rational basis review?
Correct
Incorrect!
Correct
Incorrect!
Correct Because classifying people based on hair color is a nonsuspect classification, and because the right burdened (the right to drive) is not fundamental, only the rational basis test will be applied to this law. Of course, it may well fail that test.
Incorrect! Because classifying people based on hair color is a nonsuspect classification, and because the right burdened (the right to drive) is not fundamental, only the rational basis test will be applied to this law. Of course, it may well fail that test.