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US Federal Constitution QUESTION #5836
Question 1
To address a housing shortage, a city passes an ordinance that limits the number of unrelated persons who can live in a single-family dwelling to two. A group of four students challenges the law. What is the result?
  • The law is unconstitutional because it violates the fundamental right to freedom of association.
  • The law is unconstitutional because it violates the fundamental right to privacy in the home.
  • The law is constitutional because it does not involve a 'fundamental' family unit and satisfies the rational basis test.✔️
  • The law is constitutional because the city has a compelling interest in preventing overcrowding.
Correct Answer Explanation
In Village of Belle Terre v. Boraas, the Court upheld a similar ordinance because it did not interfere with 'family' units (which have a fundamental right to live together under Moore v. East Cleveland) and was rationally related to legitimate goals like reducing noise and traffic.