Substantive Due Process – Non-Fundamental Rights Interactions











State deprivations of non-fundamental rights are generally subjected to which level of scrutiny?
Choice 1 Rational basis review
Choice 2 Intermediate scrutiny
Choice 3 Strict scrutiny
Choice 4 For non-fundamental rights the standard of review is determined on an ad hoc basis taking into consideration the totality of the circumstance.
In non-fundamental rights due process cases the burden of proof rests with:
Choice 1 The state or government entity being sued.
Choice 2 The plaintiff.
Choice 3 The prosecutor.
Choice 4 The judge.
In a certain part of Westernstate, pesticides sprayed on farms are often carried by winds to nearby residences. In an effort to ensure those residents will not unfairly have to carry the burden of the floating pesticides, Westernstate passes legislation requiring all farmers who use certain airborne pesticides pay into a fund to be used to cover medical treatment of the affected neighbors. Will the law survive a Due Process Clause challenge?
Choice 1 YES, because it is rationally related to a legitimate government purpose.
Choice 2 YES, because it is narrowly drawn to achieve a compelling government purpose.
Choice 3 NO, because it is not rationally related to a legitimate government purpose.
Choice 4 NO, because it is not narrowly drawn to achieve a compelling government purpose.
Northernstate citizens are tired of buying used cars which soon prove to be problematic. In an effort to help its citizens, the Northernstate legislature passes a law which forbids used cars lots from having their own mechanic on-site, thereby forcing them to use other mechanics to tend to the cars before they are sold. A coalition of used car salespeople sue claiming due process violation. What is the likely result?
Choice 1 The law will be upheld, because it is rationally related to a legitimate government purpose.
Choice 2 The law will be upheld, because it is the mechanics, and not the salespeople, who have standing to sue.
Choice 3 The law will be struck down, because it exacts a “needless, wasteful requirement” which is unlikely to achieve the desired results.
Choice 4 The law will be struck down because it is “unwise, improvident, or out of harmony.”

Which of the following, if adequately demonstrated by plaintiff, is the minimum showing required to strike down an economic regulation on procedural due process grounds?
Choice 1 The law is not necessary to achieve any compelling state interest.
Choice 2 The law lacks any legislative history indicating its usefulness or propriety.
Choice 3 The law is not narrowly drawn to achieve an important state purpose.
Choice 4 The law is arbitrary and irrational.
In recent years the Southernstate legislature has become increasingly concerned over some of its citizens’ financial planning, or lack thereof. In an attempt to help its citizens and, in the long run, reduce the number of people who require financial assistance from the state, the legislature passes a law requiring all persons opening a bank account or applying for a credit card in the state be given a form detailing a number of state-sponsored lectures on financial responsibility. Before opening the account or receiving the card the form must be signed by the applicant. Is the law valid?
Choice 1 YES, because it is an economic regulation which is rational and nonarbitrary.
Choice 2 YES, because the state has a compelling interest in reducing the number of people receiving state aid.
Choice 3 NO, because these are private financial transactions which in no way involve the state.
Choice 4 NO, because banks and credit card companies have sufficient self-interest to ensure financial responsibility among their customers.
Which of the following is a non-fundamental right for substantive due process purposes?
Choice 1 The right to purchase and use birth control.
Choice 2 The right to education.
Choice 3 The right to refuse medical treatment.
Choice 4 The right to procreate.

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