Deck 8: Equal Protection
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Deck 8: Equal Protection
1
Laws that discriminate on the basis of gender or legitimacy are subject to review under the rational basis test.
False
2
When a law does not target a suspect or quasi-suspect class or affect a fundamental right, the Court applies the rational basis test.
True
3
When a private party uses the courts to enforce discriminatory practices, the Court will find state action so as to find a Fourteenth Amendment violation.
True
4
Challenges against a state constitutional provision that allowed taxation of personal property owned by a corporation but not personal property owned by individuals were evaluated
A)under the rational basis test because it did not involve a suspect class or fundamental right.
B)under the intermediate scrutiny test because it involved a corporation, which is a quasi- suspect class.
C)under strict scrutiny because it involved economic factors.
D)None of the above.
A)under the rational basis test because it did not involve a suspect class or fundamental right.
B)under the intermediate scrutiny test because it involved a corporation, which is a quasi- suspect class.
C)under strict scrutiny because it involved economic factors.
D)None of the above.
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5
Strict scrutiny requires a "legitimate" governmental interest for the law, as opposed to the
"compelling" government interest required under the rational basis test.
"compelling" government interest required under the rational basis test.
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6
The Equal Protection Clause requires that all persons be treated equally in all respects.
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7
Purposeful discrimination is required under the
A)rational basis test.
B)intermediate scrutiny test.
C)strict scrutiny test.
D)All of the above.
A)rational basis test.
B)intermediate scrutiny test.
C)strict scrutiny test.
D)All of the above.
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8
Segregation has always been considered invidious discrimination by the courts.
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9
Because of lack of state action, the Supreme Court refused to find a violation of the Equal Protection Clause when
A)a deputy sheriff, hired by a private park to provide security, enforced a discriminatory policy of the park excluding blacks.
B)a privately owned restaurant, which leased space from the state in a publicly owned building, refused to serve blacks.
C)a private club, which had a liquor license issued by the state, discriminated against blacks.
D)None of the above; the Court found state action in all of these situations.
A)a deputy sheriff, hired by a private park to provide security, enforced a discriminatory policy of the park excluding blacks.
B)a privately owned restaurant, which leased space from the state in a publicly owned building, refused to serve blacks.
C)a private club, which had a liquor license issued by the state, discriminated against blacks.
D)None of the above; the Court found state action in all of these situations.
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10
A suspect class is a classification that includes
A)those groups who have historically been the target of discrimination.
B)those individuals accused of crimes.
C)any class that claims it has been the victim of discrimination.
D)All of the above.
A)those groups who have historically been the target of discrimination.
B)those individuals accused of crimes.
C)any class that claims it has been the victim of discrimination.
D)All of the above.
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11
The Supreme Court has always acknowledged that not all laws creating classifications are unconstitutional.
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12
The Court in Plessy v.Ferguson
A)outlawed segregation.
B)upheld the practice of segregation.
C)overruled Brown v.Board of Education.
D)held that segregation was invidious discrimination.
A)outlawed segregation.
B)upheld the practice of segregation.
C)overruled Brown v.Board of Education.
D)held that segregation was invidious discrimination.
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13
The Court upheld a state law on statutory rape involving minors that applied to men but not to women.
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14
Which of the following is not a fundamental right?
A)right to travel
B)right to education
C)rights of criminal defendants
D)right to vote
A)right to travel
B)right to education
C)rights of criminal defendants
D)right to vote
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15
"One person, one vote" does not occur when the number of elected officials from different districts or geographical areas is not in proportion to the population of each district or if districts are configured in such a way as to defeat the interests of minority groups.
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16
A Washington,D.C., public school was prohibited from segregation because of
A)the Fifth Amendment Due Process Clause.
B)the Fifth Amendment Equal Protection Clause.
C)the Fourteenth Amendment Due Process Clause.
D)the Fourteenth Amendment Equal Protection Clause.
A)the Fifth Amendment Due Process Clause.
B)the Fifth Amendment Equal Protection Clause.
C)the Fourteenth Amendment Due Process Clause.
D)the Fourteenth Amendment Equal Protection Clause.
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17
A law targets a suspect class when it classifies a group based on race, ethnicity, or national origin.
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18
The rational basis test for evaluating state laws
A)is used when a law targets a suspect class or fundamental right.
B)is the strictest standard used by the Court.
C)is the lowest standard used by the Court.
D)usually results in laws being declared unconstitutional.
A)is used when a law targets a suspect class or fundamental right.
B)is the strictest standard used by the Court.
C)is the lowest standard used by the Court.
D)usually results in laws being declared unconstitutional.
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19
The Equal Protection Clause is found in
A)the Fifth Amendment.
B)the Thirteenth Amendment.
C)the Fourteenth Amendment.
D)the Fifteenth Amendment.
A)the Fifth Amendment.
B)the Thirteenth Amendment.
C)the Fourteenth Amendment.
D)the Fifteenth Amendment.
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20
The rational basis test is used to evaluate state laws that discriminate based on
A)age.
B)economic factors.
C)sexual preference.
D)All of the above.
A)age.
B)economic factors.
C)sexual preference.
D)All of the above.
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