Equal Protection (5th Amendment) Flashcards
The 14th Amendment forbids the states
from denying persons equal protection under the law
The 5th Amendment forbids the federal government
from denying persons equal protection under the law
Discrimination based on a person’s citizenship is forbidden only
against the states, not the federal government.
Types of Suspect Classes
- Race
- Ethnicity
- Religious affiliation
- Country Citizenship
States may discriminate on the basis of citizenship in regard to a person’s ability to
(1) serve on a jury,
(2) be a public teacher,
(3) vote, or
(4) be a probation or police officer.
What defines laws categorized as “Facial Discrimination Laws”?
Laws explicitly targeting a specific protected class without requiring further interpretation
What is the standard of review for laws targeting specific protected classes?
Strict Scrutiny
What are Facially Neutral Laws?
Facial Neutral Laws are laws that do not explicitly target any specific protected class but may have a discriminatory impact.
What is required for plaintiffs challenging Facially Neutral Laws?
Plaintiffs challenging such laws must demonstrate both discriminatory impact and intent by the government to discriminate.
What is the standard for evaluating Facially Neutral Laws?
The plaintiff must show (1) a discriminatory impact on the class, and (2) intent by the government to discriminate.
What is the standard of review for Facially Discriminatory Laws intended to benefit minorities?
General Rule: Strict Scrutiny
Numerical Set-Asides for Women: These are constitutional if the government proves that
it has discriminated against women in the specific field and in the specific place in question.
What standard applies to evaluating Facially Neutral Laws concerning Quasi-Suspect Classes?
The plaintiff must show
(1) a discriminatory impact on the class, and (2) intent by the government to discriminate.
Types of Quasi-Suspect Classes
- Gender
- Non-Marital Children (e.g. child born to a mother who is unmarried at the time)
- Children of Undocumented Immigrants
What standard of review applies to Facially Discriminatory Laws regarding Quasi-Suspect Classes?
Intermediate Scrutiny
