Dormant Commerce Clause, Due Process/Equal Protection Questions - NEED HELP

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Joined: Sat May 17, 2014 4:28 am

Dormant Commerce Clause, Due Process/Equal Protection Questions - NEED HELP

Postby arc2222 » Sun Apr 30, 2017 2:18 am

Hey- I am unclear about some topics concerning equal protection, due process, and the dormant commerce clause, I know I wrote a lot but thanks in advance for the help I really appreciate it

1. Do the following classification for due process and equal protection match up with the standards of review (ie. Strict scrutiny, intermediate scrutiny, rational basis ad rational basis with bite) I am especially unsure of the DP marriage (strict vs same sex= rational basis w/bite?, parental control) and EP sexual orientation):
a.Due Process
i. Privacy= fundamental right so strict scrutiny
ii. Abortion= undue burden test (use to be strict scrutiny with Roe but now use undue burden test)?

iii. Marriage= fundamental right use strict scrutiny BUT same-sex marriage use rational basis with bite- heightened scrutiny?
iv. Sexuality (sexual orientation?) follow same as Equal Protection= rational basis with bite (use cases such as Lawrence, Cleburne. Windsor, Obergefell)
v. Family/Parental Control/Access (are the below standards of review correct?)
-Strict(er) scrutiny applies when the government intrudes on the family choices of families living together
-(Rational basis review applies when persons living together are not related (Belle Terre)

b. Equal Protection
i. Suspect class
1. Race + national origin= strict scrutiny
3. For these strict scrutiny need purpose/intent, if its incidental then not violation of equal protection?

ii. Quasi suspect class
1. Sex/Gender
= intermediate scrutiny

iii. Sexual Orientation= heightened scrutiny-rational basis with bite (following the Lawrence, Cleburne (4 factors), Windsor, Smithkline, and Obergefell reasoning states above in Due Process)

2. For the above in some I have said heightened scrutiny-rational basis with bite, I was not sure if this was the correct interpretation, is heightened scrutiny the same as rational basis with bite ( and for this bite- there has to be an actual basis which means in a hypo the government/fed law/ state has to actually say what there interest is and that has to be legitimate, I can’t hypothesize one like can do for regular rational basis, correct?

3. Also you can have a violation in equal protection (EP) and due process (DP) at the same time correct (ie. Sexual orientation= fundamental right so violated DP and if treated differently then opposite-sex then also equal protection, what about abortion?)

-Or can you only have both if there is only a state regulations (so if said federal law/statute then can’t use equal protection because that refers to state, but can use due process?)


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Joined: Wed Sep 26, 2012 3:08 pm

Re: Dormant Commerce Clause, Due Process/Equal Protection Questions - NEED HELP

Postby B90 » Tue May 02, 2017 8:29 am

OP, do you still need help, or have you taken your final already?

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