14th Amendment Equal Protection Flashcards
What does the 14th Amendment Prohibit?
The 14th Amendment prohibits the state governments from denying citizens equal protection under the law.
What standard of scrutiny applies for a suspect classification and what are the suspect classifications?
Strict scrutiny applies.
Suspect classification include: Race, ethnicity, national origin, or alienage.
What is strict scrutiny?
Under strict scrutiny, the law is presumed to be unconstitutional and the government must prove that the law is narrowly tailored to achieve a compelling government interest.
(Note: if law is over inclusive or under inclusive it fails. must do analysis).
What standard of scrutiny is used for quasi-suspect classifications and what are quasi-classifications?
Intermediate scrutiny applies,
Gender and legitimacy (non-marital children)
What is intermediate scrutiny?
Under intermediate scrutiny, the government must show that the classification is substantially related to an important government interest.
(does not have to be so narrowly tailored)
What level of scrutiny is used for non suspect or non quasi suspect classes?
Rational basis
What is rational basis level of scrutiny?
Under rational basis, the law is presumed constitutional and the challenger must prove that the regulation is NOT rationally related to any legitimate government interest.
How does government intent factor into strict or intermediate scrutiny?
For strict or intermediate scrutiny to be applied, there MUST be intent on the part of the government to discriminate. A discriminatory effect or disparate impact toward a group of people alone is NOT enough to show governmental intent.
How can governmental intent be shown to trigger intermediate or strict scrutiny?
1) A law is discriminatory on its face
2) A discriminatory application of a facially neutral law; OR
3) A discriminatory motive behind a facially neutral law.
