Con Law: Equal protection

Question 1

Basis

Answer 1

The fourteenth amendment provides that no state shall deny to any person the equal protection of the laws. Equal protection applies to the federal government under the Due process clause of the Fifth amendment.

Question 2

strict scrutiny

Answer 2

the burden of persuasion is on the government to prove that the measure being challenged is necessary to further a compelling interest.
(includes race, alienage, national origin, right to vote/travel)

Question 3

Intermediate scrutiny

Answer 3

the burden of persuasion is placed on the government to prove that the measure being challenged is substantially related to the achievement of an important government interest.
(includes gender and illegitimacy and undocumented kids)

Question 4

Rational Scrutiny

Answer 4

The burden of persuasion is on the plaintiff to show that the measure challenged serves no legitimate government interest or is not rationally related to any legitimate interest.
(includes age, poverty, necessities, and everything else)

Question 5

Affirmative Action

Answer 5

When based on race, must pass strict scrutiny, and can only be justified for remedying the effects of past discrimination in the state, or achieving a diverse student body.
When based on gender, must pass intermediate scrutiny, and can be justified where remedying effects of past discrimination by society in general.