Equal Protection

Question 1

What are the quasi-suspect classifications?

Answer 1

Gender - usually impermissible. Ok if statutory rape or draft.

Legitimacy (whether parents were married)

Question 2

What are the standards of review for equal protection and substantive due process?

Answer 2

Strict Scrutiny

• Is the law necessary for a compelling government interest?
• Least restrictive means
• Government has burden
• Fundamental right or suspect class.

Intermediate Scrutiny

• Is the law substantially related to an important government interest.
• Quasi-suspect classifications.

Rational Basis

• Is the law rationally related to a legitimate government interest.
• Challenger has burden.

Question 3

To what does the Equal Protection Clause apply to?

Answer 3

States and localities.

Question 4

What are non-suspect classifications?

Answer 4

Age

Wealth
- But government has to waive filing fees for indigents when it denies a fundamental right.

Question 5

What are suspect classifications generally?

Answer 5

Race, ethnicity, national origin

Alienage

Question 6

What are the fundamental rights for equal protection?

Answer 6

Right to travel

Right to vote - districts of equal size

Gerrymandering
- Racial is not allowed if discretionary purpose. Race can be a factor, just not the predominant factor or only factor.

• Political: In theory it violates Equal Protection but has never beeb struck down because of political question.

Question 7

What is the difference between Due Process and Equal Protection?

Answer 7

If a law denies a fundamental right to everyone it violates Due Process.

If a law denies a fundamental right to some, it violates Equal Protection.

Question 8

What is the rule for classifications based on alienage?

Answer 8

Generally suspect classifications.

Exceptions:
- Federal Government: Congress has plenary power. Does not trigger strict scrutiny. Must just not be arbitrary or unreasonable.

• State and Local Participation in Government Functions: May require citizenship for voting, jury, government law enforcement.

Question 9

What is the rule for classifications based on race, ethnicity, or national origin?

Answer 9

Discriminatory Purpose is required.

• Disproportionate impact is not enough.
• May be proved on face or by history of discriminatory application.

School desegregation

• De jure (by law): not allowed.
• De factor: ok (residential housing patterns).

Affirmative Action

• Triggers strict scrutiny
• Valid when it specifically corrects past discrimination by the SPECIFIC GOVERNMENT OR AGENCY. No general societal discrimination justification.
• Allowed for schools if necessary for diverse student body. mot for secondary school.