EP

Question 1

Citizenship

Answer 1

Law discriminates against resident non-citizens…

A. Fed Law (5A)
==> Rational Basis

B. State Law (14A)
==> Strict Scrutiny…
**EXCEPT Political Function **(law excludes noncitizen from govt function that would allow
i. direct participation in formulation, execution, review of public policy OR
ii. excercise of broad discretion)

Congress has plenary (ie, exclusive) authority over immigration and naturalization, so federal laws based on citizenship are presumptively constitutional.

Question 2

Rational Basis

Answer 2

Challenger must show..
-law is not rationally related to
-legit govt interest

Question 3

Equal Protection Clause of the Fourteenth Amendment applies to…

Answer 3

Only to states and localities

Question 4

SS

Answer 4

need discriminatory intent,
whether shown by the very language of the law, its application, or the motive behind the law—on the part of the government.

Discriminates against suspect class:
Ethnicity
Citizenship (state law only)
Race
Nationality

Government must show
action is necessary (ie, least restrictive means)
to achieve compelling government interest

Question 5

IS

Answer 5

need discriminatory intent,
whether shown by the very language of the law, its application, or the motive behind the law—on the part of the government.

Discriminates against quasi-suspect class:
Sex/gender
Legitimacy

Government must show action is substantially related to important government interest

Question 6

Race Based Classification

Answer 6

All race-based classifications imposed by the government are subject to strict scrutiny under the equal protection clause—even when those classifications are designed to promote racial equality.

That is because race is a suspect class that has historically faced discrimination.

As a result, the government must prove that its racially discriminatory actions are** necessary **to achieve a compelling government interest.