Equal Protection Flashcards
Which two amendments apply to the Equal Protection clause?
5th Amendment = federal gov
14th Amendment = states and localities
Although the 14th Amendment only mentions Equal Protection, it applies to the federal government via the Due Process Clause of the 5th Amendment.
In what equal protection cases was an exception made for rational basis?
Lawrence v. Texas
Windsor
Obergefell
Struck down as irrational b/c not supported by a purpose other than animus
Which classifications are suspect under Equal Protection?
Race, Ethnicity, or National Origin—laws that disadvantage minorities will be struck down
Discriminatory purpose is required – not enough to show discriminatory effect
How can discriminatory purpose be evidenced?
Discriminatory purpose: May be explicit on the face of the statute or may be proved by a history of discriminatory acts, or through extrinsic evidence about purposes of passing the law.
What are the two different types of school segregation? Which one is constitutional?
de jure (by law) = unconstitutional
de facto (zoning by housing) = constitutional
Affirmative action programs trigger what level of scrutiny?
Strict. Requires a compelling state interest.
True or false: Affirmative action is valid when it specifically corrects past discrimination
True. If demonstrated in the past by a specific department/agency now engaged in affirmative action.
Generally societal discrimination does not make an affirmative action program constitutional.
When is affirmative action constitutional in a college admissions context?
Preferential admissions are allowed if necessary to achieve a diverse student body and diversity is essential to education
Not allowed for secondary schools
What are the two exceptions to citizenship status being a suspect class?
1) Federal classifications are valid unless arbitrary and unreasonable
2) States and localities may require citizenship for participation in government functions (i.e., voting, jury duty, law enforcement jobs)
True or false: States can require citizenship for access to private employment or gov benefits
False.
What are the two quasi suspect classifications?
Gender and Legitimacy = trigger intermediate scrutiny
Are age or wealth suspect qualifications?
No. Age is barred by statute (ADEA) but not suspect or quasi under Equal protection.
The only exception to wealth is when the government has to waive filing fees for indigents when charging such a fee violates a fundamental right (marrying, divorce)
One person, one vote applies when…?
When electing representatives by district (U.S. House, state legislature)
Is racial gerrymandering ever constitutional?
Voting Rights Act: Requires racial gerrymandering to ensure minority success by creating majority-minority districts.
Rule: Race may be a factor in drawing district lines, but not the predominant or only factor
What has SCOTUS said about political gerrymandering?
Can, in theory, violate equal protection. In practice, it is never struck down.
No judicially manageable standard = non-justiciable
