Equal Protection

Question 1

What is the process for analyzing equal protection questions?

Answer 1

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

Question 2

How is equal protection applied to state and local governments? to the federal government?

Answer 2

1. EPC of 14A applies only to state and local governments

2. Equal protection is applied to the federal govt through the DPC of the 5A

Question 3

What level of scrutiny is required for classifications based on race or national origin?

Answer 3

Strict scrutiny

Question 4

What are the rules for racial classifications benefiting minorities?

Answer 4

(Strict scrutiny)

1. Numerical set-asides require clear proof of past discrimination
2. Educational institutions may use race as on factor in admissions, but must show that there is no race-neutral alternative
3. Public school systems may not use race as a factor in assigning students unless strict scrutiny met

Question 5

What are the rules for gender classifications

What level of scrutiny?

Answer 5

(Intermediate scrutiny)
Classification exists on the face of the law OR
If facially neutral, must show discriminatory impact AND intent

Question 6

What are the rules for gender classifications benefitting women?

Answer 6

Prohibited if based on role stereotypes

Okay if designed to remedy past discrimination and differences in opportunity

Question 7

What are the rules for alienage classifications?

Answer 7

Generally strict scrutiny
Only rational basis test for classifications that concern self-government and democratic process (voting; jury duty; being a cop, teacher, or probation officer)
Only rational basis for federal congressional discrimination against aliens
Intermediate scrutiny for discrimination against undocumented alien children

Question 8

What are the rules for discrimination against non-marital children?

Answer 8

Intermediate scrutiny

Laws that deny a benefit to all non-marital children, but grant it to all marital children are unconstitutional

Question 9

What is the level of scrutiny for miscellaneous discrimination?

Answer 9

Rational basis

age; disability; wealth; economic regulations; sexual orientation

Question 10

How do you prove the existence of a classification based on race or national origin?

Answer 10

1. Classification exists on the face of the law OR
2. If the law is facially neutral, it shows BOTH discriminatory impact AND intent (racial use of peremptory challenges fails here)