18. Equal Protection (14A)

Question 1

What is required for discriminatory acts?

Answer 1

Government’s discriminatory ‘intent’

• Discriminatory act on its face
• Discriminatory application of neutral act
• Discriminatory motive behind act (unlikely)
• NOT discriminatory effect

Question 2

Which constitutional amendments apply to equal protection?

Answer 2

Federal governments

• 5A
• Due Process Clause (via Reverse Incorporation Doctrine)

State governments

• 14A
• Equal Protection

Question 3

What type of scrutiny standard is applied to fundamental rights?

Answer 3

Strict scrutiny

• Right to privacy
• Right to vote
• Right to interstate travel

Question 4

What type of scrutiny standard is applied to suspect classifications?

Answer 4

Race/National origin (Strict scrutiny)

• School segregation (intentional)
• Voting district establishments (race: predominant factor)
• NOT remedy past discrimination
• NOT achieve diverse student body

Alienage (Strict scrutiny)
- State laws

Alienage (Rational basis)

• Federal laws (reasonable + NOT arbitrary)
• State government jobs (jury, elections, voting)
• Non-electoral jobs (involving political function) (police, school teachers, probation officers)
• Illegal aliens

Question 5

What type of scrutiny standard is applied to quasi-suspect classifications?

Answer 5

Intermediate scrutiny

• Gender
• Legitimacy (intentional)

Question 6

What type of scrutiny standard is applied to non-suspect classifications?

Answer 6

Rational basis

• Age
• Disability
• Education
• Wealth

Question 7

What type of scrutiny is applied to segregation?

Answer 7

De jure segregation => Strict scrutiny

• Intentional segregation
• By law

NOT de facto segregation

• Intentional segregation
• By citizens