Equal Protection Flashcards
When does Equal Protection Apply
whenever the govt draws distinctions between people
An approach to equal protection questions
- What is the classification?
- What level of scrutiny should be applied?
- Does this law meet the level of scrutiny?
Constitutional provisions concerning equal protection
THIS IS VERY IMPORTANT
- The equal protection clause of the Fourteenth Amendment applies only to state and local governments
- Never applies to the Federal Government
- Equal protection is applied to the federal government through the due process clause of the Fifth Amendment
Classifications based on race and national origin
Strict scrutiny is used
How is the existence of a racial classification proven?
- The classification exists on the face of the law
- If the law is facially neutral, proving a racial classification requires demonstrating both discriminatory impact and discriminatory intent
Example:
- discriminatory use of peremptory challenges based on race denies equal protection
How should racial classifications benefiting minorities be treated?
- Strict scrutiny is applied
- Numerical set-asides require clear proof of past discrimination
- Educational institutions may use race as one factor in admissions decisions to help minorities. They must show, however, that there is no race neutral alternative which could achieve diversity.
- Additionally, educational institutions may not add points to applicants’ admissions scores based on race.
- Public school systems may not use race as a factor in assigning students to schools unless strict scrutiny is met.
Gender classifications
Intermediate scrutiny is used + Exceedingly persuasive justification
How is the existence of a gender classification proven?
- The classification exists on the face of the law
- If the law is facially neutral, proving a gender classification requires demonstrating both discriminatory impact and discriminatory intent
- Example:
- discriminatory use of peremptory challenges based on gender denies equal protection
- Example:
How should gender classifications benefiting women be treated?
- Intermediate Scrutiny
- Gender classifications benefiting women that are based on role stereotypes will not be allowed
- Gender classifications that are designed to remedy past discrimination and differences in opportunity will be allowed
Alienage classifications
- Non-US Citizens
- Generally, strict scrutiny is used
- Only a rational basis test is used for alienage classifications that concern self-government and the democratic process
- Voting, serving in the jury, being a police officer, teacher or probation officer
- Government may reserve some privileges for just its citizens
- Strict Scrutiny to notoray publics
- Only a rational basis test is used for Congressional discrimination against aliens
- Congress has plenary power to regulate immigration
Discrimination Against Undocumented Alien Children
It appears that intermediate scrutiny is used for discrimination against undocumented alien children
Discrimination against non-marital children
- Legitimacy classifications
- Intermediate Scrutiny
- Laws that deny a benefit to all non-marital children, but grant it to all marital children are unconstitutional
Rational basis review is used for all other types of discrimination under the Constitution
- Age discrimination
- Disability discrimination
- Wealth discrimination
- Economic regulations
- Sexual orientation discrimination
Strict Scrutiny for Equal Protections applies to:
- Race
- National origin
- Alienage - generally
Intermediate Scrutiny Applied to Equal Protection
- Gender
- Illegitimacy
- Undocumented alien children
