Equal Protection

Question 1

Strict Scrutiny

Answer 1

Strict Scrutiny- The Govt must prove its action is necessary to achieve a compelling governmental interest.

Fundamental Rights
* Freedom of Speech (and other 1st amendment rights)
* Right to Privacy
* Right to Travel
* Right to Vote

Suspect Classification
* Race, Religion, Alienage, National Origin (RRAN)

Question 2

Intermediate Scrutiny

Answer 2

Intermediate Scrutiny- The Govt must prove its action is substantially related to an important governmental interest.

• Gender cases; or
• Legitimacy

Gender cases = Government needs an EXCEEDINGLY PERSUASIVE justification.

Question 3

Rational Basis

Answer 3

Rational Basis Test- The Challenger must prove the government action does not serve any conceivable, legitimate, governmental interest.

(rationally related to a legitimate government interest)

• Age and Wealth are MBE favorites here.
• If Rational Basis applies, the claim will ALMOST always fail.

No legitimate interest exists when government is:
* Prohibiting developmentally disabled persons from living together.
* Regulating private, noncommercial sexual relations between consenting adults.

Question 4

True of Fase

Has the Due Proces Clause of the the Fifth Amendment been read to include equal protection-like restrictions on Federal Government?

Answer 4

TRUE!

Although the Fifth Amendment does not explicitly mention equal protection, as a result of that reading, Congress may not engage in any activity that promotes segregation.

If the FEDERAL GOVERNMENT is discriminating against a group (even by providing funds to a private group, or any activity that PROMOTES SEGREGATION), an answer involving the Equal Protection Clause of the 14th Amendment IS WRONG!

The choice under the Due Process Clause under the Fifth Amendment is appropriate.

Same three standards of review apply (Strict, Intermediate, & Rational).

Question 5

Alienage Exception to 14th Amendment Equal Protection Clause

Answer 5

As a general rule, state laws that discriminate against aliens are subject to the strict scrutiny standard of review.

However, for positions deemed to be integral to self-governant, such as:
* serving on a jury,
* teaching at a public grade school or high school,
* election judges,
* holding office as mayor or city council, or
* employment as a police officer

—a state may limit participation to U.S. citizens only, provided the discrimination is rationally related to a legitimate state interest.