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Scenario: A state legislature enacted a statute that required any motorcycle operator or passenger on the state’s highways to wear a protective helmet. Jim Alderman, a licensed motorcycle operator, sued the state to block enforcement of the law. Alderman asserted that the statute violated the Equal Protection Clause because it placed requirements on motorcyclists that were not imposed on other motorists. Please answer the following questions:
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- Why does this statute raise equal protection issues instead of substantive due process concerns? Explain. (2 points)
- What are the three (3) levels of scrutiny that the courts use in determining whether a law violates the Equal Protection Clause? (2 points)
- Which standard, or test, would apply to this situation? Why? Explain. (2 points)
- Applying this standard, or test, is the helmet statute constitutional? (2 points)
Objectives. The objectives of this assignment are (1) to apply the material from Chapter 1, and (2) to enhance the written and communication skills of the student.
Required. When answering the four (4) questions above, be sure to answer each and every question and sub-question that is asked. Students’ answers should be at least 1-2 pages in length, should be typed in Microsoft Word using 12 point Times New Roman font, double spacing and 1” margins. In order to receive any points, students must complete all four (4) questions.
Grading. You will be graded on the organization and quality of your work, as well as your ability to follow directions. For example, turning in the assignment with improper grammar and/or spelling will not help the overall quality component of your grade on this assignment. Further, not including one or more of the required elements will negatively impact your score on this assignment. (2 points for other – grammar, organization, etc.)