Reviewing: Business and the Constitution A state legislature enacted a statute t

Question

Reviewing: Business and the Constitution 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. Alder- man asserted that the statute violated the equal protection clause because it placed requirements on motorcyclists that were not imposed on other motorists. Using the information presented in the chapter, answer the following questions. 1. Why does this statute raise equal protection issues instead of substantive due process concerns?

Explanation / Answer

This statute raises equal protection issues instead of substantive due process concerns because it requires motorcyclists to wear protective helmets on state’s highways but it did not require motorists to wear these protective helmets.

As per the textbook, “Equal protection clause is applicable to federal government and cannot enact laws that treat similarly situated individuals differently”. Jim Alderman argues that this was unfair to motorcyclists as motorists and motorcyclists both are operating motor vehicles but are being treated differently by this statute.

Additionally, this lawsuit does not deal with concerns of individual’s property, life or liberty; therefore, it does not involve substantive due process.

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