The Equal Protection Clause, found in the Fourteenth Amendment, prevents states from denying anyone within their jurisdiction the equal protection of the laws. It ensures that similarly situated individuals are treated alike. Due Process, also in the Fourteenth Amendment (and Fifth Amendment for the federal government), guarantees fair procedures before the government can deprive someone of life, liberty, or property. There are two types: procedural due process (fair procedures) and substantive due process (protecting fundamental rights).
Match the term to its definition:
| Term | Definition |
|---|---|
| 1. Equal Protection | A. Guarantees fair procedures before government deprives someone of life, liberty, or property. |
| 2. Due Process | B. Prevents states from denying anyone equal protection of the laws. |
| 3. Strict Scrutiny | C. A standard of judicial review used when a law infringes on fundamental rights or targets a suspect class. |
| 4. Rational Basis Review | D. A standard of judicial review where the law must be rationally related to a legitimate government interest. |
| 5. Suspect Class | E. A group historically subject to discrimination (e.g., race, national origin). |
(Answers: 1-B, 2-A, 3-C, 4-D, 5-E)
The Fourteenth Amendment contains the ________ Protection Clause and the ________ Clause. ________ due process focuses on the fairness of the procedures used by the government, while ________ due process protects fundamental rights. Laws that discriminate based on a ________ class are subject to strict scrutiny.
(Answers: Equal, Due Process, Procedural, Substantive, Suspect)
Imagine a state law that prevents people over the age of 70 from holding public office. Discuss how both Equal Protection and Due Process arguments could be used to challenge this law. What level of scrutiny would likely apply under Equal Protection, and why?
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