EP of the Laws Flashcards
when is EP triggered?
where persons similarly situated are treated differently. EP review applies where a law affects the rights of SOME persons with respect to a specific activity
EP - Strict Scrutiny
the burden of persuasion is on the gov’t to prove that the measure being challenged is necessary to further a compelling gov’t interest (narrowly tailored and least restrictive means). Applies to gov’t action that uses suspect classifications - race, alienage, national origin.
EP - Intermediate Scrutiny
burden is placed on gov’t to prove that the measure being challenged is substantially related to the achievement of an important governmental interest
EP - Ration Basis
burden is on the PF to show that the measure being challenged serves no legitimate government interest or is not rationally related to any legitimate interest. Note: practically any police power regulation which further a health, safety or welfare purpose will be found legitimate (classifications: age, poverty, wealth, disability and need for necessities of life (food/shelter/cloth/medical care))
Facially Neutral Laws
where it is neutral on its face, but has a disproportionate effect when applied on a certain class of persons, strict scrutiny or intermediate scrutiny will apply. This will happen only when the court finds a discriminatory purposes.
Facial Discrimination
arises where a law, by its very language, creates distinctions b/w classes of persons
Alienage Discrimination By States
The court generally applies SS when a state law discriminates against aliens; DNA to Fed Gov’t b/c they have plenary power to regulate discrimination. See “public function” exception
Public Function Exception to Alienage Discrimination by States
States may discriminate against aliens in activities where participation in the functioning of gov’t is involved (police officers, governmental officials generally, public school teachers).
School Segregation
School boards have an affirmative duty to eliminate intentional racial segregation of schools. Court-ordered busing is constitutional where it is implemented to remedy past discrimination in a particular school system. This system must be eliminated once there is no discriminationl
Illegitimate Children and Gender Discrimination
These are both quasi-suspect classes. If a state law discriminates based on these, use intermediate scrutiny. These will violate the EP clause unless they serve important governmental objectives and are substantially related to the achievement of those objectives. Intentional, or purposeful, discrimination is required (discriminatory effect is not enough by itself).
Affirmative Actions
racial classifications that are intended to advantage historically disadvantaged minorities gets SS.
Two Compelling interests in AFFIRMATIVE ACTIONS
- to remedy past discrimination by the state - only can adopt these measures int he area where discrimination by the state occurred. 2. Higher education: there is a compelling interest in achieving a diverse student body.
De facto and De jure segregation
De Jure - refers to laws that deliberately segregate based on race (gets SS)De Facto - segregation that naturally happens on its own. There is no discrimination here b/c there is no state action
