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Human Rights Education Review Questions 1


1. A police officer arrests a suspect and immediately brings him to the municipal jail to start serving a sentence without a court trial. What constitutional right is directly violated?

A. Procedural due process

B. Right against self-incrimination

C. Substantive due process

D. Equal protection of laws


Answer: A, Procedural due process requires 'notice and hearing'—the right to be heard before a competent court before deprivation of liberty.

Procedural due process requires notice and an opportunity to be heard before a competent tribunal before a person may be deprived of liberty.



2. A city ordinance is passed that prohibits only 'persons with visible tattoos' from entering public parks. This ordinance is most likely unconstitutional because it violates:

A. Procedural due process

B. Right to property

C. Right to information

D. Equal Protection Clause


Answer: D, The equal protection clause prohibits arbitrary classification that does not rest on substantial distinctions relevant to the purpose of the law.

The classification based solely on visible tattoos is arbitrary and does not appear to rest on substantial distinctions related to a legitimate government objective. It therefore violates the equal protection clause of Article III, Section 1.



3. The Bureau of Internal Revenue (BIR) seizes a businessman's bank accounts without issuing a preliminary assessment or a notice of tax deficiency. Which right is being infringed?

A. Right to liberty

B. Right to assembly

C. Right to life

D. Right to property


Answer: D, Article III, Section 1 protects against the deprivation of property (money in accounts) without due process of law.

Money in bank accounts is property protected by Article III, Section 1. Depriving a taxpayer of property without observing the procedural requirements of tax laws violates the constitutional guarantee against deprivation of property without due process.



4. Congress passes a law that makes it a crime for a person to be unemployed, even if they are actively looking for work. This law is unconstitutional because it violates:

A. Right to bail

B. Right to travel

C. Procedural due process

D. Substantive due process


Answer: D, Substantive due process requires that a law must have a valid objective and the means employed must be reasonably necessary for the accomplishment of that objective.

Even if enacted through proper procedures, a law must be reasonable and serve a legitimate governmental purpose. Criminalizing unemployment itself would likely be arbitrary and fail substantive due process review



5. A law increases the penalty for theft, but only when the offender is a female. This is a violation of the constitutional guarantee of:

A. Substantive due process

B. Right to life

C. Right to counsel

D. Equal protection of laws


Answer: D, Equal protection requires that all persons subjected to such legislation shall be treated alike, under like circumstances and conditions.

A classification based solely on sex that imposes harsher criminal penalties lacks a substantial distinction related to the purpose of punishing theft and therefore violates equal protection.



6. An administrative agency fires a permanent government employee without telling them the reason or giving them a chance to reply to the charges. This violates:

A. Substantive due process

B. Right against self-incrimination

C. Right to privacy

D. Procedural due process


Answer: D In the context of public employment, due process requires notice of the charges and an opportunity for the employee to present their side.

Permanent government employees have security of tenure. Before dismissal, they are entitled to notice of the charges and an opportunity to be heard, consistent with procedural due process.