Equal protection

Question 1

Equal protection clause

Answer 1

No state shall deny to any person within its jurisdiction the equal protection of the laws.

Question 2

Federal government may challenge equal protection under _____ ?

Answer 2

5th amendment; Due process clause

Question 3

State/local governments may challenge equal protection under ____ ?

Answer 3

14th amendment; Equal protection clause

Question 4

Equal protection comes from the _____ ?

Answer 4

14th amendment

Question 5

Analysis [3 questions]

Answer 5

1. What is the government’s classification?
2. What is the level scrutiny to be applied ?
3. Does the government’s action meet that level of scrutiny ?

Question 6

Classification is determining

Answer 6

how the government is distinguishing among people.

Question 7

T/F: a discriminatory law on its face exists by its impact.

Answer 7

FALSE.

the terms of the law draws a distinction between people based on particular characteristics.

Question 8

T/F: a discriminatory law that is facially neutral exists within its impact of effect

Answer 8

TRUE.

Good job!!

Question 9

Racial or gender classification requires proof of discriminatory _____ and _____ ?

Answer 9

Impact AND purpose.

The SC held that if the law is facially neutral, impact alone is insufficient to prove discrimination.

Question 10

Levels of scrutiny [3]

Answer 10

Strict, Intermediate and Rational basis

Question 11

Strict scrutiny [Rule]

Answer 11

Under strict scrutiny, a law is upheld if it is proven necessary to achieve a compelling government purpose. [narrowly tailored]

Question 12

Strict scrutiny applies for discrimination based on … [3]

Answer 12

1. race
2. national origin
3. immigrants [aliens]
4. fundamental rights

Question 13

Strict scrutiny requires ______ and _____ ?

Answer 13

1. Law has a significant reason for discriminating [it is necessary!] and
2. the objective cannot be achieved through a non-discriminatory alternative. [must be to achieve a compelling gov’t purpose]

Question 14

T/F: Implicating a fundamental right triggers strict scrutiny.

Answer 14

TRUE.

Keep it up!

Question 15

Under strict scrutiny, the burden is on the ____ ?

Answer 15

gov’t/state

Question 16

Intermediate scrutiny [rule]

Answer 16

Under intermediate scrutiny, a law is upheld if it is substantially related to an important government purpose.
Requirements

Question 17

Intermediate applies to [2]

Answer 17

Gender and non-marital kids + quasi-suspect classes

Question 18

Intermediate scrutiny requires ______ and _____?

Answer 18

the objective is important [important government purpose] and

the means used have a substantial relationship to the objective. [substantially related]

Question 19

Under intermediate scrutiny; the gov’t has the burden of ____ and the challenger has the burden of ______.

Answer 19

proof and justification.

Question 20

T/F: Rational basis applies to all laws challenged under equal protection.

Answer 20

True

Question 21

Rational basis [rule]

Answer 21

Under rational basis review, a law will be upheld if it is rationally related to a legitimate government purpose.

Question 22

Rational basis test

Answer 22

Action will meet rational basis review if:

There is a legitimate purpose and

Rationally related to the purpose

Question 23

A legitimate purpose is satisfied if:

Answer 23

the law advances a traditional police power; protecting safety, public health or public morals. [state]

or

Any goal that is not forbidden by the Constitution will be deemed sufficient to meet rational basis. [federal]

Question 24

T/F: Only the federal gov’t has police powers.

Answer 24

FALSE.

Just the states hun.

Question 25

Rational basis is satisfied when _____ and _____?

Answer 25

objective must be something that the government legitimately may do.[legitimate government purpose] and

the means chosen are rational to accomplish the end. [rationally related]

Question 26

Over-inclusive

Answer 26

A law is over-inclusive if it regulates individuals who are not similarly situated, that is if it covers more people than it needs to in order to accomplish its purpose.

Question 27

Underinclusive

Answer 27

A law is underinclusive when they do not regulate all who are similarly situated.

Question 28

T/F: A law cannot be both over inclusive and underinclusive

Answer 28

FALSE.

can be both