*Equal Protection

Question 1

1) Bolling:

Answer 1

DP Clause of 5A does for fed what EP Clause of 14A does for states

Question 2

2) EP is a Q of line-drawing

Answer 2

Which discrimination is/not allowed? We clearly allow discrimination (grades, age)

Question 3

3) Intrinsic v Instrumental Discrimination

Answer 3

a) Intrinsic: characteristic discrimination intrinsic in nature (race, gender)
b) instrumental: some distinction is needed so as to bring about a certain objective [“trait” indicative of “mischief”]

Question 4

4) Rational basis standard:

Answer 4

reg must not be arbitrary and classification must have rational basis w/ respect to legitimate st interesttoothless (minimal standard); anything but expressly ridiculous regs; legis. deference

a) Railway Express: law prohibiting ads on vehicles w/ exemption for business advertising themselvescon’l
i) NY not required to eradicate all evils or none at all
ii) line drawing: ads on vehicles/ads not on vehicles
(1) trait-mischief: ad on vehicles indicative of distractions
b) Dykes: NOLA law only allowing pushcart vendors in operation for 8+ years in French Quarter valid because rationally related to preserving charm
i) line-drawing: longer/shorter than 8 yearsNOLA purpose: old-timers part of charm
ii) trait-mischief: longevity indicative of charm (Prof: this relationship seems really thin)