Con Law Quiz 3 Answer Explanations

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New England Law *

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101

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Political Science

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May 30, 2024

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docx

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5

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1. In State v. Post, the Supreme Court of New Jersey declared that, despite the New Jersey state Constitution's Article 1, Section 1, which reads, "all men are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and of pursuing and obtaining safety and happiness," this did not apply to: Group of answer choices All of the answers are correct. Enslaved people in N.J. who were born prior to July 4, 1804. The N.J. law that made slavery legal prior to 1844. The child of an enslaved person born since July 4, 1804. Answer: Text: p. 469 – Post was a habeas corpus action demanding the release of three individuals – two born before the enactment of the 1804 statute, one a minor, born to an enslaved person. It was testing the N.J. Constitution’s applicability to the 1804 statute, quoted on page 468. Thus, all the answers are correct. 2. Loving v. Virginia was decided using which test? Group of answer choices moderate scrutiny None of the answers are correct. rational basis strict scrutiny Answer: Text p. 537 – “We reject. . . rational purpose.” Instead. . . “racial classifications. . . [should] be subjected to the ‘most rigid scrutiny.’”
3. Strict scrutiny should be applied to cases that involve: Group of answer choices the possible infringement of a constitutional right as found in the Bill of Rights or as deemed a fundamental right derived from the 14th Amendment. a suspect classification such as race or national origin. the possible infringement of a fundamental right. All of the answers are correct. Answer – This is found on the “Fundamental Rights/Due Process” analysis hand-out. Answers one and three are basically the same. Answer three is in the handout. Only answer 4 is the best. 4. Roe v. Wade applied what level of scrutiny? Group of answer choices heightened strict intermediate rational basis Answer – Text p. 837, the Court says that the right to privacy is a “fundamental” right twice. Fundamental rights get strict scrutiny. 5. J. Alito's opinion in Dobbs distinguishes Roe v. Wade and Casey from other 14th Amendment fundamental rights cases based upon: Group of answer choices the 9th Amendment
the government's interest in a potential life. the 1st Amendment the 5th Amendment Answer – in the Dobbs case, J. Alito is very clear and repeats over and over again how this case differs from the others and therefore is a “one use ticket” because it involves the government’s interest in a potential life and the other cases do not have that complication. 6. Struck v. Secretary of Defense was about a woman's right to: Group of answer choices carry a weapon not get an abortion get an abortion be a conscientious objector Answer – The Struck case involved a pregnant woman who was a devout Catholic and so she did not want to get an abortion in order to continue her career in the Air Force. 7. Fields & Fields Racecraft points out the fundamental contradiction between: Group of answer choices communism and capitalism Roe v. Wade and Casey Self-evident rights and slavery Pre-Revolutionary America and Post-Revolutionary America
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