6. Equal Protection

Question 1

What does the Equal Protection Clause provide?

Answer 1

No person will be denied the equal protection of the laws

It applies to ALL persons, not just citizens.

Question 2

When is the Equal Protection Clause triggered?

Answer 2

When similarly situated persons are treated differently.

Question 3

What are the three Standards of Scrutiny?

Answer 3

• Rational basis test
• Intermediate scrutiny test
• Strict Scrutiny test

Question 4

What is the burden of persuasion under the Rational Basis Test?

Answer 4

The plaintiff must show that the measure being challenged serves NO LEGITIMATE government interest
OR
is NOT RATIONALLY RELATED to any legitimate interest(the law CANNOT be arbitrary or unreasonable).

Question 5

What type of state laws are almost ALWAYS upheld under the Rational Basis Test?

Answer 5

Any police power regulation that furthers a health, safety, or welfare purpose.

Question 6

What classifications fall under the Rational Basis Test?

Answer 6

• Age
• Poverty
• Wealth
• Disability
• Need for Necessities of Life
• Undocumented aliens
• Health, safety, or welfare for citizens
  *alienage classifications restrict the right to participate in functions that are central to self-government, such as voting, running for office, or serving on a jury.

Question 7

What is the burden of persuasion under the Intermediate Scrutiny test?

Answer 7

The government must prove that the measure being challenged is SUBSTANTIALLY RELATED to the achievement of an IMPORTANT government interest.

Exceedingly persuasive justification MUST be shown.

Intermediate review applies whether the classification is

invidious (intended to harm) or benign (intended to help or to remedy past discrimination).

Intentional, or purposeful, discrimination is required to trigger middle-tier scrutiny.

Discriminatory effect alone is insufficient.

Question 8

What classifications fall under Intermediate Scrutiny?

Answer 8

• Gender
• Illegitimacy/nonmarital
• Undocumented alien children
• Sexual orientation

Question 9

True or False: Intentional discrimination is required to trigger Intermediate Scrutiny.

Answer 9

True.

Question 10

What must be shown for classifications favoring legitimate children over illegitimate children to be upheld?

Answer 10

They are generally struck down because the overriding government interest is not to punish the offspring of an illicit relationship.

Question 11

What is the burden of persuasion under the Strict Scrutiny test?

Answer 11

The government must prove that the measure being challenged is NECESSARY to further a COMPELLING government interest(NO less restrictive alternative means available).

Question 12

What classifications fall under Strict Scrutiny?

Answer 12

• Alienage
• Domestic travel
• National origin
• Race
• Voting

Question 13

What is the rule regarding De Jure Segregation?

Answer 13

De Jure Segregation(past or present government action) VIOLATES equal protection.

Question 14

What happens if race is shown to be the predominant factor in defining election district borders?

Answer 14

The plan will be subject to strict scrutiny.

Question 15

What conditions allow states to discriminate against aliens under the Rational Basis Test?

Answer 15

• Activities involving government functions
• Positions as public school teachers

Question 16

Invalid State laws against aliens

Answer 16

-A state law prohibiting aliens from owning land was invalidated.

-A state law denying commercial-fishing licenses to resident aliens who were ineligible for citizenship was held invalid.

-A state law that excluded financial assistance for higher education to aliens who were eligible for U.S. Citizenship as not furthering any “compelling state interest” and was invalid.

Question 17

Are Federal laws that discriminate against Aliens subject to the strict scrutiny test?

Answer 17

No. Federal laws that discriminate against aliens are not subject to the strict scrutiny test because Congress has broad plenary power to regulate immigration.

Question 18

What was the outcome of the state law prohibiting aliens from owning land?

Answer 18

It was invalidated.

Question 19

What is required to show discriminatory intent?

Answer 19

1. Facially, as applied, creates distinction between classes of persons; or
2. Where a law that appears neutral on its face but in its application has a disproportionate effect on a particular class of purpose serves a discriminatory purpose.

Discriminatory intent or purposeful discrimination triggers intermediate or strict scrutiny.

Question 20

What happens when a law merely has a discriminatory effect?

Answer 20

Use the rational basis test.

Question 21

facially neutral law be applied in a discriminatory manner

Answer 21

A facially neutral law can be applied in a discriminatory manner. Where the challenger can show a discriminatory purpose, the law will be invalidated.

Question 22

Fill in the blank: Affirmative action measures based on race must pass _______. The program MUST show ________

Answer 22

strict scrutiny.

The program MUST show:
i.) narrowly tailored to achieve their goals; and
ii.) available, workable, non-racial alternatives do not suffice.

Question 23

What valid justifications for Affirmative Action have been upheld?

Answer 23

• Remedying the effects of past or present discrimination in a particular institution
• Achieving a diverse student body in an institute of higher education

Question 24

What rule applies to De Facto Segregation in schools?

Answer 24

A school district may NOT assign or re-assign individual students to schools based on race.

Question 25

What is permitted for school districts to achieve voluntary racial balancing?

Answer 25

• Redrawing school zones
• Building new schools