Equal Protection

Question 1

What is the constitutional basis for equal protections?

Answer 1

14th Amendment Equal Protection Clause for states AND 5th Amendment Due Process Clause for federal government

Question 2

What is the standard of review used with regard to equal protection violations?

Answer 2

It depends on the classification of aprons or type of right concerned.

Question 3

When is strict scrutiny used for equal protection cases?

Who has the burden of proof?

Answer 3

Least restrictive means to achieve a compelling governmental interest.

Burden of proof is on the government.

Applies if a fundamental right or a suspect classification is involved.

Question 4

When is intermediate scrutiny used for equal protection cases?

Who has the burden of proof?

Answer 4

Substantially related to an important governmental interest.

Burden appears generally to be on the government.

Applies when a classification is based on gender or legitimacy.

Gender cases require an “exceedingly persuasive justification” for the classification.

Question 5

How does a party trigger strict or intermediate scrutiny?

Answer 5

Party must prove discriminatory intent on the party of the government.

Question 5

When is rational basis used for equal protection cases?

Who has the burden of proof?

Answer 5

Rationally related to a legitimate governmental interest.

Burden is on the challenger to show that the law is arbitrary or irrational.

Applies when higher standards do not apply (e.g., age, wealth, weight).

Question 6

What does it mean for a law to be discriminatory on tis face?

Answer 6

A law that, by its very language, creates distinctions between classes of persons.

Question 7

What does ti mean for a law to be discriminatory application?

Answer 7

A law that is neutral on tis face, but applied in a discriminatory fashion.

Question 8

What does it mean for a law to be discriminatory motive?

Answer 8

A law that is neutral on tis face and in its application, but results in a disparate impact.

Proof of discriminatory motive or intent is required.

Question 9

What are suspect classifications?

Answer 9

Either
-> race, ethnicity, and national origin
OR
-> citizenship status

Question 10

What type of school integration violates the Equal Protection Clause?

Answer 10

Only de sure (intentional) segregation in schools violates the Equal Protection Clause.

Question 11

What standard of scrutiny are affirmative action programs subject to?

Answer 11

Programs that favor racial or ethnic minorities are subject to strict scrutiny.

Question 12

When are citizenship statuses considered suspect classifications?

Answer 12

It some cases it depends on the level of government and the nature of the classifications.

Question 13

Is a federal classification of citizenship valid?

Answer 13

Likely valid unless it is arbitrary and unreasonable.

Question 14

Is a state classification of citizenship valid?

Answer 14

Generally subject to strict scrutiny and will be struck down.

Examples: laws prohibiting noncitizens from
-> owning land
-> obtaining commercial fishing licenses
OR
-> being eligible for welfare benefits or civil service jobs

Question 15

What is a growing exception with regard to a state law that relies on a citizenship status classification?

What standard of scrutiny is applied to the exception?

Answer 15

Exception
-> participation in government functions
-> rational basis standard is applied

Question 16

What are two common quasi-suspect classifcaiotns?

Answer 16

Gender
Legitimacy

Question 17

What are the principles under gender as a quasi-suspect classification?

Answer 17

There must be discriminatory intent by the government to trigger intermediate scrutiny (not just disparate impact).

The government must show that an “exceedingly persuasive justification” exists for the gender distinction, and that separate facilities are substantially equivalent.

Affirmative action (benign discrimination) is permissible e under intermediate scrutiny as a remedy for past gender-based discrimination.

Question 18

What are the principles under legitimacy as a quasi-suspect classification?

Answer 18

Legislation designed to punish non marital children will not be upheld.

Question 19

What are non-suspect classifications?

Answer 19

Age
Poverty
Sexual Orientation

Question 20

What is an important note regarding the level of scrutiny given to discrimination based off of sexual orientation?

Answer 20

The Supreme Court has ruled that the Civil Rights Act of 1964 protects employees against discrimination because of their sexual orientation or fender identity, but has not resolved the issue of whether discrimination based on sexual orientation is subject to heightened scrutiny.

Question 21

What are fundamental rights unique to equal protection?

Answer 21

No overlap with substantive due process.

One person, one vote
-> when the government establishes voting districts for the election of representatives, the number of persons in each district must be approximately equal

Gerrymandering
-> election districts for public office may not be drawn using race as the predominant facet in determining the boundary lines, unless the district plan can survive strict scrutiny
-> partisan gerrymandering (political discrimination) claims are not judicable because they present political questions beyond the reach of the federal courts