Equal Protection

Question 1

An approach to equal protection questions

Answer 1

1. What is the classification?
2. What level of scrutiny should be applied?
3. Does this law meet the level of scrutiny?

Question 2

Does the 14th amendment equal protection clause apply to the state or Federal govenment ?

Answer 2

The equal protection clause of the Fourteenth Amendment applies only to

state and local governments.

Equal protection is applied to the federal government through the due

process clause of the Fifth Amendment. (Substantive law for both are the same)

Question 3

Classifications based on race and national origin

1. ) What level of scrutiny shuld be applied?
2. ) How is the existence of a racial classification proven?

Answer 3

1. ) Strict Scrutiny
2. ) a. The classification exists on the face of the law or b. If the law is facially neutral, proving a racial classification requires demonstrating both discriminatory impact and discriminatory intent

Question 4

1.) What review should racial classifications benefiting minorities receive?

2. ) Numerical set-asides (affirmative action) requires clear proof of what?
3. ) Colleges may perform affirmative action in order to achive diversity. However, in order to do so what else must a college show?

True or False: Public schools systems may use race as a factor in assigning students to schools?

Answer 4

1. ) Strict Srutiny
2. ) past discrimination
3. ) That there are no othr race neutra alternatives that could achieve diversity.
4. ) True, but only if strict scrutiny is met.

Question 5

Classifications based on Gender

1. ) What level of scrutiny shuld be applied?
2. ) How is the existence of a gender classification proven?

Answer 5

1. ) Intermeidiate scrutiny
2. ) a. The classification exists on the face of the law or b. If the law is facially neutral, proving a racial classification requires demonstrating both discriminatory impact and discriminatory intent

Question 6

How should gender classifications benefiting women be treated?

Answer 6

1.)Gender classifications benefiting women that are based on role

stereotypes will not be allowed

2.) Gender classifications that are designed to remedy past

discrimination and differences in opportunity will be allowed

Question 7

Classifications based on Alienage

1. ) What level of scrutiny shuld be applied?
2. ) When is the rational basis test used?
3. ) What kind of scrutiny is used for laws that discriminate against undocumented alien children?

Answer 7

1. ) Strict Scrutiny
2. ) Only a rational basis test is used for alienage classifications that concern self-government and the democratic process
3. ) intermediate scrutiny

Question 8

Discrimination against non-marital children

1.) What level of scrutiny shuld be applied?

Answer 8

1) Intermediate scrutiny

NOTE: Laws that deny a benefit to all non-marital children, but grant it to all marital children are unconstitutional. However laws that discriminate AMONGST non-marital children may be permitted.

Question 9

Discriminations that receive Rational Basis Review

Answer 9

1. Age discrimination
2. Disability discrimination
3. Wealth discrimination
4. Economic regulations (Example: A regualton stating that you need to be employed an X amount of years in order to have a certain job.)
5. Sexual orientation discrimination