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83. Is the state law constitutional?
In an effort to counteract a steep increase in juvenile crime, a state enacted a law terminating the parental rights of any state resident whose child under 16 years of age is convicted of a violent crime in the state. The law directs the state juvenile court to enter a termination order in such a case after the parent has been afforded notice and an opportunity for a hearing at which the only relevant issues are the age of the child and whether the child has been convicted of a violent crime in the state.
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A is incorrect. Although this is the correct conclusion, it applies an incorrect standard. As stated above, strict scrutiny is the applicable test. Under intermediate scrutiny, the law must be substantially related to an important government purpose and is generally used in classifications based on gender or legitimacy.
C is incorrect. A state's police power comes from the Tenth Amendment, which gives states the rights and powers not delegated to the United States. States are granted the power to establish and enforce laws protecting the welfare, safety, and health of the public. A state's police power does not authorize it to punish criminal behavior with appropriate sanctions.
D is incorrect. This is the standard for rational basis review. The custody of one's children has been held to be a fundamental right, and therefore, strict scrutiny will apply.