Equal Protection Flashcards
Congress plenary power over aliens, what is the level of scrutiny
Because Congress has plenary power over aliens under Article I, a federal alienage classification is likely valid unless it is arbitrary and unreasonable. Since the reason for the law (i.e., to reduce the deficit) is rational, it is constitutional.
General rule for a state law that discriminates against aliens
Generally, a state law that discriminates against aliens is subject to strict scrutiny under the Equal Protection Clause and will be struck down.
While a state law that restricts or prohibits an alien’s participation in government functions is subject only to a rational basis review,
Same sex marriage scrutiny level
The Supreme Court has struck down bans on same-sex marriage as violations of a fundamental right on both Due Process and Equal Protection grounds, but it has not resolved the issue of whether discrimination based on sexual orientation is subject to heightened scrutiny.
the government cannot impose a burden on or deny a benefit to a group of persons solely based on animosity toward the class that it affects.
ration basis review, will fail
One person, one vote rule
Pursuant to the Equal Protection Clause, the principle of “one person, one vote” requires that one person’s vote must be essentially equal to any other person’s vote. The “one person, one vote” principle applies to local elections of entities that perform governmental functions, even when the functions are specialized rather than general in nature, such as a local school board. The restriction of voting to a class of persons (e.g., landowners) has generally been found to violate the “one person, one vote” principle, except in the case of water-district elections.
