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Question 1
The Equal Protection Clause which applies to the states:
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Incorrect!
Correct The Fourteenth Amendment provides that 'No State shall'deny to any person within its jurisdiction the equal protection of the laws.'
Incorrect! The Fourteenth Amendment provides that 'No State shall'deny to any person within its jurisdiction the equal protection of the laws.'
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Incorrect!
Correct
Incorrect!
Question 2
Equal protection requirements are placed on the federal government through:
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Incorrect!
Correct
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Correct Although many people racing through these questions will pick (c), there is no Fifth Amendment Equal Protection Clause. Instead, the Fifth Amendment Due Process Clause serves double-duty and the Court has interpreted it to include the same principles as the Fourteenth Amendment Equal Protection Clause. See Buckley v. Valeo, 424 U.S. 1, 93 (1976).
Incorrect! Although many people racing through these questions will pick (c), there is no Fifth Amendment Equal Protection Clause. Instead, the Fifth Amendment Due Process Clause serves double-duty and the Court has interpreted it to include the same principles as the Fourteenth Amendment Equal Protection Clause. See Buckley v. Valeo, 424 U.S. 1, 93 (1976).
Question 3
Modern rational basis review asks whether:
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Incorrect!
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Correct Rational basis review asks whether there is a rational relationship between disparity of treatment and some legitimate state goal. See Central State University v. American Assoc. of University Professors, 526 U.S. 124, 128 (1999). Early cases looked only to the rational relationship and did not inquire whether the state goal was legitimate, but the modern test asks both questions.
Incorrect! Rational basis review asks whether there is a rational relationship between disparity of treatment and some legitimate state goal. See Central State University v. American Assoc. of University Professors, 526 U.S. 124, 128 (1999). Early cases looked only to the rational relationship and did not inquire whether the state goal was legitimate, but the modern test asks both questions.
Correct
Incorrect!
Question 4
Strict scrutiny is applied:
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Incorrect!
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Correct The nature of a state goal is part of the analysis in any equal protection case, regardless of the level of review, so (a) and (b) are wrong. But strict scrutiny will not be applied simply because a law is in effect prejudicial, as suggested by (d). Rather it is to be applied in cases of 'invidious discrimination' only.
Incorrect! The nature of a state goal is part of the analysis in any equal protection case, regardless of the level of review, so (a) and (b) are wrong. But strict scrutiny will not be applied simply because a law is in effect prejudicial, as suggested by (d). Rather it is to be applied in cases of 'invidious discrimination' only.
Correct
Incorrect!
Question 5
Intermediate scrutiny is:
Correct Only quasi-suspect classifications will be subjected to intermediate scrutiny. Currently, this limits is application to laws relating to gender and alienage only - (d) is wrong. Because this standard sometimes requires a showing that the state goal is 'exceedingly persuasive, and in any case requires that the law be substantially related to an important state goal, it falls somewhere between rational basis review and strict scrutiny, making (b) wrong.
Incorrect! Only quasi-suspect classifications will be subjected to intermediate scrutiny. Currently, this limits is application to laws relating to gender and alienage only - (d) is wrong. Because this standard sometimes requires a showing that the state goal is 'exceedingly persuasive, and in any case requires that the law be substantially related to an important state goal, it falls somewhere between rational basis review and strict scrutiny, making (b) wrong.
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Question 6
When rational basis review is applied, the burden of proof rests with:
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Incorrect!
Correct When rational basis review is applied in an equal protection case, there is a presumption of constitutionality which must be overcome by the plaintiff. In order to meet her burden of proof, a plaintiff must negate every conceivable basis which might support the law. See Heller v. Doe, 509 U.S. 312 (1993).
Incorrect! When rational basis review is applied in an equal protection case, there is a presumption of constitutionality which must be overcome by the plaintiff. In order to meet her burden of proof, a plaintiff must negate every conceivable basis which might support the law. See Heller v. Doe, 509 U.S. 312 (1993).
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