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MMLU-Pro / 1815 / A state enacts a statute that prohibits "anyone over60 years of age to run for…

Problem

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question

A state enacts a statute that prohibits "anyone over60 years of age to run for public office. " A state senator has been in office for three terms and wishes to seek re-election. The senator, who is 61, brings suit challenging the constitutionality of the state statute. Which of the following best states the burden of persuasion?

category

law

options

  1. The petitioner must show the statute violates due process by depriving her of the right to be a candidate.
  2. The state needs to show that the statute is rationally related to a compelling government interest.
  3. Since a fundamental right is involved, the petitioner must show the regulation is necessary to vindicate a compelling government interest.
  4. Since no fundamental right is involved, the state must show the age restriction is essential to maintain a legitimate government interest.
  5. The state must prove that the age restriction is essential to maintain the efficiency of the government.
  6. The petitioner must show the statute violates the fundamental right of freedom of expression.
  7. Since no fundamental right is involved, the petitioner must show the age restriction is not rationally related to a legitimate government interest.

src

ori_mmlu-professional_law

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