Equal Protection

Question 1

2 Main Approaches

Answer 1

1. Anti-Classification: classification is unconstitutional even if done for benevolent purposes
2. Anti-Subordination: Classification is only unconstitutional if it subordinates a certain class; classification for the purpose of elevating the rights of suspect class is acceptable however (eg. affirmative action)

Question 2

Plessy v. Ferg

Answer 2

Separate but equal was ok

Question 3

Brown v. Board

Answer 3

• Strict Scrutiny (suspect class)
• Anti-subordination case
• Uses living constitution argument (changing times)
• Carolene products case (minority should not be treated in way that makes it inferior to the majority)

Question 4

Korematsu

Answer 4

Legal restrictions curtailing the civil rights of a single racial group are immediately suspect, but that doesn’t make them unconstitutional, just makes them suspect to strict scrutiny

Question 5

Facially Neutral Laws

Answer 5

Must show:

1. Discriminatory purpose
2. Discriminatory effect

If discriminatory purpose –> strict scrutiny
If no discriminatory purpose –> rational basis

Question 6

Criminal Justice/Civil Case Jury Selection

Answer 6

If dft shows he belongs to identifiable race group and that prosecutor has used strikes to eliminate members of that group and any other factors which show intent to discriminate by race, the burden shifts to prosecution to show racially neutral explanation for strikes

Question 7

Gender

Answer 7

Gender is not a suspect class! (Represent nearly 50/50 population) - However, must look at social realities.

Intermediate Scrutiny (Craig v. Boren): Gender classifications are constitutional only if they serve IMPORTANT governmental objectives and are SUBSTANTIALLY related to achievement of those objectives.

Question 8

Facially Neutral Gender Laws

Answer 8

Need to show discriminatory purpose to trigger intermediate scrutiny. Otherwise, rational basis.

Question 9

Affirmative Action

Answer 9

Reviewed under strict scrutiny

Question 10

“Narrowly Tailored” Guidelines for Affirmative Action

Answer 10

• No Quotas
• Race is plus factor, but not an automatic in
• Don’t need to address every race-neutral method
• Cannot unduly burden those in the out group.

Question 11

“Compelling Interests” for Affirmative Action

Answer 11

1. ) to remedy effects of past intentional discrimination

2) Interest of diversity in higher ed.

Question 12

National Origin

Answer 12

Suspect Class –> Strict Scrutiny

Question 13

Alienage & Political Function Exception

Answer 13

Suspect Class –> Strict Scrutiny

Exception: Allows exclusion of aliens from positions intimately related to process of democratic self-government –> Rational relationship applies in these cases

1) Look @ specificity of classification
2) Apply only to elected or important non-elected officials involved in functions at the heart of representative government

Question 14

Illegitimate children

Answer 14

Intermediate Scrutiny

Question 15

Age

Answer 15

Rational Basis

Question 16

Mentally disabled

Answer 16

Rational Basis

Question 17

Wealth/Poverty

Answer 17

Rational Basis