Ques 1) In terms of the “Equal Protection Clause”, discuss the tests used by the courts to determine if an act of government is a form of unreasonable or unreasonable discrimination.
Ques 2) What was the original intent of the “Bill of Rights”? Which provisions of the “Bill of Rights” have not been incorporated into the “Due Process Clause” of the 14th Amendment?
Ques 3) What is “Due Process”? Discuss the key elements of “Due Process”.
Ques 4)What is “Substantive Due Process”? Discuss the various methods used to challenge an act of government.
Ques 5) What is “Procedural Due Process” Briefly discuss the steps applicable to Procedural Due Process.
Ques 6) What is a “Suspect Classification”? Discuss the elements of a “suspect classification”.
Ques 7) Briefly discuss the Amendments of the Bill of Rights.
In terms of the “Equal Protection Clause”, discuss the tests used by the courts to determine if an act of government is a form of unreasonable or unreasonable discrimination.
The Equal Protection clause is considered to be violated if the state permits a particular class of individuals or community to perform a specific activity but other communities are denied of the same. It is noteworthy that the courts usually determine the violation of the clause through the following tests:
The courts usually use judicial review in order to determine the constitutionality of certain laws. This test is a part of hierarchy of standards which is followed by the united States Court in order to determine the gravity of the constitutional right or government’s interest against the observance against that particular principle. The strict scrutiny standard is applied by the US courts in two different contexts. Firstly, in case of the infringement of the fundamental constitutional right and secondly in case of the infringement of the fundamental right that is protected by the Due Process Clause or the “liberty clause”.
The intermediate scrutiny test which is the second level of deciding issues using judicial review requires to be overcome by showing that the policy or the law has been challenged or infringed because of an important government interest through the means which are substantially associated with that interest. It depends on the sex based classifications, illegitimacy, free speech and sexual orientation.
This test is used by the courts in order to determine the constitutionality of an ordinance. In order to pass through this test the challenged law needs to be related to a legitimate government interest.
What was the original intent of the “Bill of Rights”? Which provisions of the “Bill of Rights” have not been incorporated into the “Due Process Clause” of the 14th Amendment?
The initial and original intent of the “Bill of Rights” was to specify the rights of the Congress, what measurements are subjected under their rights and which are not. The purpose was to protect the common rights of the people and to ensure that people are not being deprived of their rights.
In the Due Process Clause the second, third, fifth and seventh amendments had not been included.
Amendment II: as per this amendment the right to keep and bear arms have been incorporated against the states. But this has not been incorporated and acknowledged in the 14th amendment. In amendment III the provision of freedom from quartering of soldiers has been incorporated against the states under the jurisdiction of the United States Court of Appeals for the Second circuit but the provision has not been incorporated elsewhere. The U.S Supreme Court has never had a case regarding the provision of third amendment appealed to it.
Amendment V: The provision of right to indictment by a grand jury had not been incorporated against the states.
Amendment VI: Right to a jury chosen from residents of the state and the state where the particular crime occurred has not been incorporated against the states.
Amendment VII: the right to jury trial in civil cases has not been incorporated against the states along with the Re-examination clause.
Amendment VIII: The provision of the right regarding the right to protection against the excessive fines has not been incorporated against the states.
What is “Due Process”? Discuss the key elements of “Due Process”.
The Due Process originates in the 5th and the 14th amendment. The 5th amendment applies to the Federal government and the 14th amendment is applied to the states. The primary Due Process Clause provides every individual with fair treatment. As per the clause no individual shall be deprived of “life, liberty or property” without Due process of the Law. It also ensures fair treatment through the normal judicial system and a citizen’s entitlement is considered.
The specific elements of Due Process are:
What is “Substantive Due Process”? Discuss the various methods used to challenge an act of government.
Substantive due process indicates towards a notion which describes that due process along with the protection of certain legal procedures also protects certain rights which are not related to the legal procedures. As per the opinions of several legal experts due process is associated with the procedure rather than the substance. Although a school of legal experts also believe that due process clause includes protection of the substantive due process. Substantive due process includes several things such as the right to be engaged in an ordinary work, marriage and raising one’s children as a parent. Even today the Substantive due process is invoked regarding many cases but it is not free from criticism.
If a law or act is challenged because of its ability to violate individual liberty under the Due process clause, two forms of scrutiny or judicial review are used by the courts. In this case the function of the inquiry is limited to balance the importance of the governmental interest. If it is found by the evaluation that governmental actions have infringed individual right then strict scrutiny which is considered to be the highest level of review is being applied. In order to pass strict scrutiny it is necessary to tailor the law or the act narrowly.
If any type of restrictions are found regarding the restricting the liberty in a way which does not directly violate the fundamental right, then rational basis review is commenced. The purpose of the review is to rationally relate a legitimate government interest which is prior to the violation of the individual right.
Along with these two types of review, there is another type of review that is known as the intermediate scrutiny and it is majorly used in the cases related to equal protection rather than Due process cases.
What is “Procedural Due Process” Briefly discuss the steps applicable to Procedural Due Process.
Procedural Due Process deals with the principle which is required by the Constitution that if the state or the federal government acts in a way that infringes the primary rights of a citizen or denies any citizen of life, liberty or property, then the person under such condition requires to be notified and she or she must be first given notice of the fact along with the opportunity to be heard.
Procedural Due Process includes the following steps:
What is a “Suspect Classification”? Discuss the elements of a “suspect classification”.
As per the American jurisdiction a suspect classification is the classification of different groups which meet a series of criteria that suggest their chances to be discriminated from the lot. These classes receive closer scrutiny from the courts regarding any cases related to the Equal protection claim. Suspect classification indicates towards a characteristic which is used in applying a law that is under the review of a strict scrutiny of the court. Any classification that is mentioned to be suspected because of its being likely to be founded upon illegal discrimination is known as suspect classification. One of the examples of suspect classification is the race.
Elements of Suspect Classification:
There are several factors which help the court to determine whether a classification is suspect. The factors are
Intentional discrimination can be of three types:
Briefly discuss the Amendments of the Bill of Rights.
Bill of rights also known as the declaration of rights is the list of the most important rights to the citizens of a country. The first amendments of the U.S Constitution are summarized as following: