norml22 - Page 10
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public health or welfare will in fact suffer
if the controls are not applied°
at 506, 509-511 (footnote omitted).
Bo Applicable Constitutional Standards to be App_lied
The Fifth Amendment states, irut9_[ aliA; that: t'No person
shall be . deprived of . . liberty . . without the due
process of law .... _ The plain language of this portion of
the amendment establishes explicit substantive protection for due
process rights. However_ while not containing the actual phrase
_ it is _ also now established
_'equal protection of the laws _ o .
that the basic concepts of equal protection apply to the federal
government through the due process clause of the Fifth
Amendment." Jo_D___3__l_obi/L__o_n_ 415 U_S0 361_ 364, n. 4_ 94
S.Ct. I160, 39 LoEd_2d 389 (1974); Ri_ch_rgL_on _____l_ch_, 404
u.s. 78, 81, 92 soot. 254; 30 L.Ed_2d (1971); Lkiited States Vo
Hawesf 529 F_2d 472_ 477 (5th Ciro 1976); Uni__d States V.
_D/_don_Nikkar, 518 Fo2d 972, 976 (5th Ciro 1975) o
The Supreme Court has utilized three standards of review in
assessing equal protection challenges to iegislative provisions.
Where the challenged statutory scheme has involved infringement
of a constitutional guarantee or a "fundamental interest, 'w or
discrimination based upon a '_suspect classification," such as
race or religion, the Court has applied "strict scrutiny _' and has
upheld the statutory scheme only when it has been shown necessary
to promote a "compelling governmental interest." LQ_Cai__Qf
_Sheet Metal Wo3_r_s v_F_Q__C_, 478 UoS. 486, 106 S_Ct° 3019
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