Equal Protection

Question 1

Constitutional Text of Equal Protection

Answer 1

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

Question 2

Facial Discrimination

Answer 2

Expressly distinguishes between classes

Question 3

As Applied Discrimination

Answer 3

Facially neutral but in application treats class differently

Question 4

Discriminatory Impact

Answer 4

1) As applied challenge
2) Challenger must prove discriminatory motive

Question 5

Proving Discriminatory Motive

Answer 5

1) Discriminatory impact
2) Historical context
3) Departure from standard procedure
4) Legislative history

Question 6

Classifying Persons as a Discrete Insular Minority

Answer 6

1) Immutable traits
2) Highly visible traits
3) Historical discrimination
4) Political powerlessness

Question 7

Suspect Classes

Answer 7

1) Race
2) Ethnicity
3) Alienage
4) Religion*

Question 8

Compelling Interest for Affirmative Action

Answer 8

1) Remedying past discrimination from government action
2) Diverse student body without setting a quota

Question 9

Proving Affirmative Action is Narrowly Tailored

Answer 9

1) Race-neutral alternatives
2) Not grossly overinclusive
3) Least restrictive means

Question 10

Government Function Exception

Answer 10

1) Rational basis
2) Direct participation in government policy

Question 11

Quasi-Suspect Classes

Answer 11

1) Sex/gender
2) Legitimacy

Question 12

Not Quasi-Suspect or Suspect

Answer 12

1) Sexual orientation
2) Age