Assume State X passes Law Y which treats Person A differently than Person B. Everyone agrees this is correct - that is Law Y treats Person A differently than Person B. You do not know the details of Law Y but it is not necessary to know the details of the law  to answer the questions here.

Person A believes Law Y violates the 14^th Amendment to the US Constitution, specifically the right to Equal Protection and sues State X to have Law Y nullified.

1. Person A files this case in a State X court. This is legal, that is you can assume the state court can hear this case. Is this a US Constitutional law case? Why or why not? What is the name of the last/highest court to which this case can be appealed?
2. What is the issue in the case? Not acceptable answer: "Who wins?" Hint: No factual issues exist.
3. What two laws are battling for supremacy in the case?
4. TRUE OR FALSE: In determining the answer to the issue, that is in determining which law wins the battle, the court must overturn Law Y because it treats Person A differently, that is it discriminates against Person A. This, by definition, must violate Person A's right to equal protection of the laws.
5. If you answered the true/false question above "true" change your answer to "false" because the court will not automatically nullify Law Y just because it discriminates. All laws discriminate. The court will test the validity of Law Y under one of three tests: (1) rational/reasonable basis test, (2) Intermediate standard of review test, and (3) strict scrutiny test. PUT THE WORD "DONE" HERE AS THE ANSWER TO THIS QUESTION.
6. Define and explain the "rational basis test" and give me at least 2 examples of situations where it is used to determine if a law such as Law Y will be nullified.
7. Define and explain the "intermediate standard of review test" and give me an example of a situation where it is used to determine if a law such as Law Y will be nullified.
8. Define and explain the "strict scrutiny test" and give me an example of a situation where it is used to determine if a law such as Law Y will be nullified.

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Is this a US Constitutional law case Why or why not Yes this is a US Constitutional law case The claim involves the violation of the 14th Amendment to ... View the full answer