(19) Constitutional Law: Equal Protection Flashcards

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1
Q

Equal Protection

Overview Rule

A

Equal Protection of the 5th (fed) and 14th (state) Amendments prohibits the government from denying citizens equal protection of the laws. The court will determine if discriminatory actions are occurring by applying one of the 3 levels of review (1) Strict Scrutiny; (2) Intermediate Scrutiny; or (3) Rational Basis.

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2
Q

Discriminatory Classification

Equal Protection

A

A law is deemed discriminatory if: (a) The law is discriminatory on its face; (b) the law is facially neutral but is applied in a discriminatory manner; OR (c) a discriminatory motive (the law creates a disparate impact AND the legislation has a discrimination motive/purpose).

AKA DISCRIMINATION MUST BE INTENTIONAL segregation usually only violates if intentional

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3
Q

Rule:

Strict Scrutiny

Equal Protection

A

The government must show the law is necessary to achieve a compelling government interest and is narrowly tailored.

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4
Q

When is Strict Scrutiny Applicable?

Equal Protection

A

Strict scrutiny test applies if a fundamental right or suspect classification is involved.

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5
Q

What are they?

Suspect Classification

Equal Protection

A

Race, Ethnicity, and National Origin.

Alienage is a suspect classification for state laws and strict scrutiny will apply unless the law is restricting or prohbiting an alien’s participation in government functions. Then rational basis test will apply.

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6
Q

Does it pass strict scrutiny if police separate a crowd by race in the middle of a riot?

Equal Protection

A

YES

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7
Q

Intermediate Scrutiny

Equal Protection

A

To be constitutional the government must prove the law is substantially related to an important governmental interest.

(Must be the actual interest in passing the law)

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8
Q

When is Intermediate Scrutiny applicable?

Equal Protection

A

Intermediate scrutiny is used when a classification is based on gender or status as a nonmarital child (legitimacy). These are also known as Quasi-Suspect Classifications.

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9
Q

Is it constitutional for the government to give beneficial treatment to women over men through affirmative action?

Equal Protection

A

YES, The court has held that affirmative action regulations granting beneficial treatment to women over men is an important government interest to provide a remedy for past gender-based discrimination.

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10
Q

Is it constitutional for the court to uphold regulation that punishes offspring of nonmartial relationships?

Equal Protection

A

NO, The court will not uphold legislation designed to punish the offspring of a nonmartial relationship.

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11
Q

Rational Basis

Equal Protection

A

A law must be rationally related to a legitimate governmental interest.

The burden of proof is on the challenger (the P) and not the government.

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12
Q

When does Rational Basis apply?

Equal Protection

A

Rational Basis applies in all cases in which one of the higher standards does not apply.

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13
Q

Which standard is an AGE discriminatory regulation reviewed under?

Equal Protection

A

Rational Basis

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14
Q

Which standard is a POVERTY discriminatory regulation reviewed under?

Equal Protection

A

If the regulation prohibits the poor from exercising a fundamental right because of a government imposed fee then strict scrutiny will apply, otherwise rational basis.

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15
Q

Which standard is a SEXUAL ORIENTATION discriminatory regulation reviewed under?

Equal Protection

A

There is division upon the standard of scrutiny

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16
Q

What fundamental rights are unique to Equal Protection?

Equal Protection / Due Process

A

Substantive due process rights are often protected by equal protection.

The right to vote, to travel or to marry may trigger an inquiry for due process and equal protection, especially if it’s a denial of the right to one group.