Multistate Bar Examination Practice Question

Regulations that affect non-fundamental rights under substantive due process are subject to rational basis review. This standard requires the law to be rationally related to a legitimate government interest, such as public health. An answer suggesting the right to grow herbs is a fundamental right is incorrect, as this right has not been recognized as such. Similarly, applying heightened scrutiny is incorrect because that standard applies to equal protection challenges involving suspect classifications, not to substantive due process analysis of non-fundamental rights. Finally, while the state's police power is the source of its authority to regulate for health and safety, a court must still apply the rational basis test to determine if the exercise of that power is constitutional.