6) Equal Protection

Question 1

EPC: const basis: states

Answer 1

14A EPC

Question 2

EPC: const basis: feds

Answer 2

5A DPC

Question 3

EP: most basic rule

Answer 3

EP requires the gvt to justify when it discriminates

Question 4

EP analysis

Answer 4

1) ID type of discrim
2) what’s standard of review
3) apply (for tailoring, consider who is under/over included)

Question 5

standard?: disparate impact

Answer 5

if facially neutral, NOT discrim, and gets RBR

Question 6

standard?: disparate impact: exceptions

Answer 6

both of these ARE discrim and get SS:

1) INTENTIONAL disparate impact (must be gvt’s purpose not just that they knew)
2) disrcrim APPLICATION of neutral test

Question 7

RBR: rule

Answer 7

1) BOP P
2) gvt action is not rationally related to
3) any legit gvt interest
4) (can include purported/not actul interests)

Question 8

RBR: when use

Answer 8

all classifications not falling under strict or intermediate scrutiny

Question 9

age: standard?

Answer 9

RBR

Question 10

disability; standard?

Answer 10

RBR

Question 11

alienage? standard?

Answer 11

RBR if done by Congress

SS if done by states

Question 12

RBR: result

Answer 12

gvt usually wins

Question 13

sexual orientation: standard?

Answer 13

RBR

BUT: no legit gvt purpose (rare thing that can pass RBR)

Question 14

intermediate scrutiny: test

Answer 14

1) gvt must show (BOP)
2) substantial relation
3) to an important interest
4) which must be the actual interest

Question 15

intermediate scrutiny: when use

Answer 15

1) sex

2) illegitimacy

Question 16

strict scrutiny: rule

Answer 16

1) gvt must show (BOP)
2) necessary (no other way) to achieve
3) compelling gvt interest
4) which is the actual interest

Question 17

strict scrutiny: “necessary” synonyms

Answer 17

narrowly tailored, least restrictive alternative)

Question 18

strict scrutiny: result

Answer 18

gvt usually fails

Question 19

strict scrutiny: whe use

Answer 19

1) race
2) alienage by state
3) ntl origin

Question 20

de jure segregation: def + result

Answer 20

segregation by law

almost always unconst, def unconst if stigmatizing

Question 21

de facto segregation: def + result

Answer 21

seg by private choice (not by operation of law):

NO const problem bc no state action

Question 22

school segregation: currently

Answer 22

affirmative duty to eliminate past intentional race discrim of schools (not by classifying/moving individual students based on race)

bussing constitutional for htis

Question 23

times when racial classification may pass strict scrutiny

Answer 23

1) exceptional circs (race riot)

2) affirmative action

Question 24

affirmative action: def

Answer 24

classification intended to benefit historically discriminated group

Question 25

affirmative action: compelling interests

Answer 25

1) remedying state's past discrim | 2) diversity in higher ed (only)

Question 26

affirmative action: 1) remedying state's past discrim: how to narrowly taiilor?

Answer 26

benefits go to same industry where there was discrim

Question 27

affirmative action: diversity in higher ed: how to narrowly tailor?

Answer 27

race can be one factor among many, no fixed weight (quotas is not narrowly tailored)

Question 28

alienage discrim by states: test

Answer 28

SS (wrt resident aliens)

Question 29

alienage discrim by states: exception

Answer 29

public function exception: gvt jobs involving discretion: ok USCs only 1) police 2) gvt officials 3) pub school teachers but NOT purely ministerial function: notary

Question 30

alienage discrim by states: illegal aliens

Answer 30

RBR if based on lawful presence

Question 31

alienage discrim by states: illegal aliens: exceptions

Answer 31

1) alien children: intermediate scrutiny | 2) im preemption -- states can't enact own im policies

Question 32

illegitimacy: examples

Answer 32

IS, usu fail (no impt gvt interest) | denying welfare, or worker's comp death benefits = both unconst

Question 33

sex discrim: held unconst bc dn pass intermediate scrutiny

Answer 33

estate administration military housing benefits alimony drinking age

Question 34

sex discrim: single sex education: "rule"

Answer 34

single sex education (prob ok if avail for all, but no unique opportunity)

Question 35

sex discrim: held const bc did pass IS

Answer 35

1) draft | 2) statutory rape laws setting higher age of consent for women (actual bio basis)

Question 36

sex discrim: general rule

Answer 36

more liekly to be const if based on real biological basis less likely to be const if based on stereoypes

Question 37

gender affirmative action: rule

Answer 37

IS scrutiny --> it's ok to make up for past discrim by ANYONE (dnn race/SS)

Question 38

wealth: scrutiny?

Answer 38

RBR

Question 39

domestic travel: scrutiny?

Answer 39

SS

Question 40

voting: scrutiny?

Answer 40

SS

Question 41

sexual orientation: scrutiny?

Answer 41

RBR-ish: majority has never said that passing RBR is enough to make the law ok, bc have always held that dn pass even RBR

Question 42

sexual orientation: DOMA case

Answer 42

def of "marriage" and "spouse" lacked const legit purpose bc was jsust movitaved by animus which violates DP

Question 43

sexual orientation: Marriage

Answer 43

EPC + DPC both protect marriage

Question 44

privileges + immunities: 2 sources

Answer 44

1) 14A 2) Art 4 Sec 2 (both against states)

Question 45

14A priv + immunities: rule

Answer 45

"no state shall make or enforce any law which shall bridge the P or I of citizens of the US"

Question 46

14A P+I: scope

Answer 46

"citizens," so NOT corporations, not aliens

Question 47

14A priv + immunities: rights

Answer 47

1) travel (interestate + move) 2) petition Congress 3) vote for fed ofices 4) assemble 5) enter pub lands

Question 48

Art 4 P+I: rule

Answer 48

Art 4 S 2: "the citizens of each state shall be entitled to all privielges and immunities of citizens in the several states"

Question 49

Art 4 P+I: aka

Answer 49

comity clause

Question 50

Art 4 P+I: def

Answer 50

prohibits states from discriminating against nonresidents, re activities fundamental to the national union

Question 51

Art 4 P+I: test (+ gloss)

Answer 51

substantial relation to substantial state interest | desire to favor locals is NOT a substantial interest

Question 52

Art 4 P+I: scope

Answer 52

"citizens" -- no corps, no aliens corps can protect against oos discrim by DCC

Question 53

Art 4 P+I: held INVALID

Answer 53

1) commercial licenses (fee higher) 2) commuter tax only for nonresidents 3) abortion (only locals) 4) hiring preference (all or private ers)

Question 54

Art 4 P+I: held VALID

Answer 54

1) recreational licenses | 2) state's purpose is preserving in-state nat resources

Question 55

contract clause: rule

Answer 55

Art 1 S 10: "No state shall...pass any...law impairing obligation of contracts"

Question 56

contract clause: scope

Answer 56

1) state only not fed ("no state") 2) legislation only not court decs ("pass any law" 3) only existing ks!

Question 57

contract clause: test

Answer 57

to decide if can modify the existing k, bal: 1) severity of impairment of k right, vs 2) importance of public interest

Question 58

contract clause: result

Answer 58

state can usu modify ks, but less likely if state trying to get out of its own k

Question 59

ex post facto laws: scope

Answer 59

against states AND fed

Question 60

ex post facto: kinds prevented

Answer 60

1) new crime 2) more punishment 3) less evidence needed to convict 4) longer limitations period AFTER EXPIRATION

Question 61

ex post facto: kinds prevented: less evidence needed: dx

Answer 61

(ok quasi procedural) | but making a broader inadmissibility standard does not violate EXPF clause

Question 62

bills of attainder: scope

Answer 62

against states and fed

Question 63

bill of attainder: def

Answer 63

1) legislation 2) that punshes 3) w/o trial 4) named indivs, or readily identifiable group 5) for past conduct

Question 64

bill of attainder: example

Answer 64

YES a bill of attainder where made crime for communist to be officer of labor union (was like punishment)