Con Law Quiz 9 Exam With Answers 100% Correct

A Vermont statute provides that individuals who wish to obtain a marriage license must first obtain a blood test to determine whether they suffer from German measles, syphilis, or HIV. The license will issue upon completing the blood test, even if one of the individuals tests positive for one of the diseases. The report of the Vermont Senate Committee on Public Health that accompanied the law states that "detecting these diseases before people marry may allow the infected person to be treated before the partner becomes infected. In addition, detecting and treating these diseases in the woman can prevent transmission and its complications to her fetus in the event of future pregnancy." A man and a woman who wish to get married have filed a lawsuit challenging the constitutionality of the blood-test requirement. - ANSWER-Uphold the requirement because the requirement does not interfere directly and substantially with the right to marry, and is a reasonable regulation that advances the state's legitimate interest in public health. Which of the following assertions about judicial scrutiny under the Equal Protection Clause are correct? (1) When the government distinguishes among citizens, a reviewing court should consider the interest served by the distinction and the relationship between that interest and the distinction. (2) When the government distinguishes among citizens, a reviewing court should uphold the action if the distinction is rationally related to a legitimate government interest. (3) When the government distinguishes among citizens, a reviewing court should uphold the action only if it is narrowly tailored to advance a compelling government interest. (4) When the government distinguishes among citizens, the ground on which the government is distinguishing among citizens should determine how searchingly a court should review the action. (5) When the government distinguishes among citizens on the basis of race or national origin, a - ANSWER-1 and 4. The Court in Bolling v. Sharpe invalidated the policy in the District of Columbia's public schools requiring racial segregation because: - ANSWER-Segregation on the basis of race in the District of Columbia violates the Due Process Clause of the Fifth Amendment. Concerned about the effect of greenhouse gases on the environment, the Connecticut legislature enacted a law that limits the amount of carbon monoxide that gas-powered lawnmowers are permitted to emit. The state does not currently impose any similar requirements on cars or trucks. A large lawnmower manufacturer filed suit asserting that the law violates the Equal Protection Clause. During discovery, the plaintiff produced undisputed evidence that cars and trucks account for significantly more of the total greenhouse gas emissions in the state than do lawnmowers. The state has moved for summary judgment. How should the court rule? - ANSWER-The court should conclude that the law does not violate the Equal Protection Claus