Classifications

Question 1

Suspect Classifications

Answer 1

RAN

Race
Alienage [citizenship status] (only @ state & local level)
National Origin

Question 2

Alienage Classifications - Federal Classification - What standard of review to apply?

Answer 2

Congress has plenary power over aliens

THEREFORE, fed alienage classifications are NOT subject to SS

VALID if NOT arbitrary and unreasonable - APPLY RB

Congress usually wins this - bc they have plenary power over immigration

Question 3

Alienage Classification - State Classification - What standard of review to apply?

Answer 3

STATE/LOCAL laws on alienage (i.e. citizenship status) are subject to

Strict Scrutiny

Question 4

Exception to State Classifications on alienage - What are they and what standard applies?

Answer 4

Discrimination as related to Participation in Self-Governance

1) Discrimination against Participation in State government
- EX: voting, jury service, elective office
- apply RB

2) State & Local laws that limit non-elective offices involving important public policy
- EX: police/probation officers, school teachers - NOT college profs
- apply RB

Question 5

Are Undocumented Aliens a suspect class? What standard of review?

Answer 5

No. Apply RB.

Question 6

Can undocumented alien children be denied public education? What standard applies?

Answer 6

No, they cannot.

SS DOES NOT apply.

Sup has used RB and IS blends…

Question 7

Gender classifications - what standard of review

Answer 7

IS - must be substantially related to important govt purpose

Govt must show “exceedingly persuasive justification” for the discrimination

Question 8

What gender classifications are more likely to be upheld when subject to IS?

Answer 8

Those designed to remedy past discrimination

Question 9

Other classifications - what are there & what standard to apply?

Answer 9

Examples

• age
• disability
• wealth

Rational Basis