Equal Protection (5th & 14th Amendments)

Question 1

Equal Protection

Answer 1

Prohibits the govt. from denying citizens equal protection of the laws.
− Applicable to the States→14th Amendment
− Applicable to Fed. Govt.→5th Amendment

Question 2

Discriminatory Classification

Answer 2

exists when:
a) a law is discriminatory on its face;
b) a law is facially neutral, but is applied in a
discriminatory manner; OR
c) a discriminatory motive exists.

Question 3

When laws classify people into groups, apply the appropriate test below based on the type of class:

Answer 3

Strict Scrutiny
Intermediate Scrutiny
Rational Basis

Question 4

What is Strict Scrutiny?

Answer 4

A suspect class (race, nationality, alienage) R.A.N.

Who has the burden to prove?
Govt. must show the classification is necessary to serve a compelling government interest.

Question 5

What is Intermediate Scrutiny?

Answer 5

A quasi-suspect class (gender, non-marital child)

Who has the burden to prove?
Govt. must show the classification is substantially related to an important governmental interest.

Question 6

What is the Rational Basis test?

Answer 6

all other classes outside of strict and intermediate scrutiny.

The plaintiff must show the classification is
not rationally related to a legitimate governmental interest.