Equal Protection Flashcards
Equal Protection
The Equal Protection Clause prohibits the government from treating certain people or classes of people differently than others.
Equal Protection/States
The 14th Amendment Equal Protection Clause applies to the states.
Equal Protection/Federal Government
The 5th Amendment Due Process Clause applies to the federal government.
Equal Protection/Quasi-Classification
Gender and illegitimate children is a quasi-suspect classification.
Equal Protection/Intermediate Scrutiny
An intermediate scrutiny standard is used when a quasi-suspect classification is at issue. Under intermediate scrutiny, the government must show the law is substantially related to an important government purpose.
Equal Protection/Suspect Classification
Race, national origin, and alienage is a suspect classification.
Equal Protection/Strict Scrutiny
A strict scrutiny standard is used when a suspect classification is at issue. Under strict scrutiny, the government must show the law is necessary to achieve a compelling government interest, and there are no less restrictive means.
Equal Protection/Alienage Exception
A rational basis standard is used when alienage involve jobs that directly affect the political process, voting, serving on a jury, working as a police officer, working as a probation officer, or working as a teacher. A notary public is not included. Under rational basis, plaintiff must show the law is not rationally related to a legitimate government purpose.
Equal Protection/ Non-suspect, Non-quasi suspect Classification
Age, disability, wealth, economics, and sexual orientation is a non-suspect, non-quasi suspect classification. A rational basis standard is used when non-suspect, non-quasi suspect classification is at issue. Under rational basis, plaintiff must show the law is not rationally related to a legitimate government purpose.
