Con Law Quizziz

Which of the following clauses did the Supreme Court begin to use in earnest to incorporate rights from the Bill of Rights and unincorporated rights after The Slaughter House Cases?

• Privileges and Immunities Art. IV § 2

• Privileges or Immunities Amend. XIV § 1

• Due Process Amend. V

• Due Process Amend. XIV § 1

Which of the two Due Process Clauses binds the federal, rather than state, governments?

• Amend. V

• Amend. XIV § 1

True or false: The Surpeme Court has applied a different level scrutiny to federal actions than state actions

• True

• False

Applying provisions of the 14th Amendment to the federal government is known as

• federal incorporation

• reverse incorporation

• 5th Amendment incorporation

• Cardozo incorporation

Which of the following are the two biggest differences between selective and total incorporationism?

• Which rights are incorporated and bind the states via the 14th Amendment

• What level of scrutiny binds federal government action

• What level of scrutiny binds state government action

• Whether non-express rights can bind the states

Has total or selective incorporationism won out in the Supreme Court?

• Total

• Selective

Which of the following is a key difference between substantive due process and equal protection claims?

• The potential levels of scrutiny

• Whether the government must be acting rationally

• Whether the case involves the state or federal government action

• Fundamental rights versus unequal treatment

Under the Twining-Palko articulation of fundamental rights, which rights are entitled to Due Process protection?

• Rights that are Privileges and Immunities of US Citizenship

• Rights long established in the Anglo-American tradition

• Rights of the very essence of a scheme of ordered liberty

• B & C

What else may a court take into consideration under the Twining-Palko + Lawrence analysis?

• Evolving community standards

• Whether Congress or the states have proposed amendments on the topic

• Whether Congress or the state have passed legislation on the topic

• State and US Supreme Court decisions on the topic

Meyer v. Nebraska and United States v. Carolene Products made what lasting contribution to Due Process law?

• Created rational basis review

• Ended the Lochner era

• Identified rights in dicta subject to higher forms of scrutiny

• B & C