Equal Protection

Question 1

When does EPC apply?

Answer 1

Whenever the govt draws a distinction among people there is a basis for EPC

Question 2

What is the steps for EPC challenge?

Answer 2

1) what is the classification
2) what level of scrutiny should be applied?
3) Does the law meet the level of scrutiny?

Question 3

what part of const applies EPC to states and local government?

Answer 3

14th Amendment.

Question 4

what EPC applies to feds?

Answer 4

5th amendment due process clause

Question 5

what are the 2 ways to determine if the existence of classification?

Answer 5

1) the classification is on the FACE of the law or

2) if the law is facially neutral, there needs to be BOTH discriminatory intent AND discriminatory impact of law

Question 6

If the law is neutral on its face, does discriminatory impact of the law enough to show classification?

Answer 6

NO. need BOTH discriminatory impact and DISCRIMINATORY INTENT

Question 7

are peremptory challenges on race allowed?

Answer 7

NO

Question 8

how is racial classifications for BENEFIT minorities applied?

Answer 8

must meet strict scrutiny

Question 9

when can numerical set asides for race be allowed

Answer 9

when there is clear proof that remedy is for past discrimination

Question 10

what can educational faciltites do when considering race?

Answer 10

1) may use race as ONE factor in admission decision to enhance diversity
2) BUT they must show there is no race neutral alternative which could achieve diversity
3) they must continually recess and refine the need for race-conscious admissions policies and cannot use them indefinitely

Question 11

What CANNOT educational facilities do when considering race

Answer 11

CANNOT add points to an applicants admission scores solely based on race.

Question 12

can gender classifications benefiting women based on stereotypes be allowed?

Answer 12

NO.

-ex: only women get alimony

Question 13

when will gender classifications benefiting women be allowed

Answer 13

when it is designed to remedy past discrimination and differences in opportunity will be allowed.

Question 14

what classifications are under strict scrutiny

Answer 14

1) race
2) national origin
3) alienage (generally)
4) travel (but not foreign travel)
5) voting

Question 15

what classifications fall under intermediate scrutiny

Answer 15

1) gender
2) illegitimacy
3) undocumented alien kids

Question 16

what classifications fall under rational basis review

Answer 16

everything else

1) alienage classifications related to self government and the democratic process
2) congressional regulation of aliens
3) age
4) handicap
5) wealth

Question 17

what certain privileges are reserved just for citizens and not aliens?

Answer 17

1) voting
2) serving on a jury
3) being a cop
4) being a teacher
5) being a probation officer

Question 18

what certain privilege is not just reserved for citizens

Answer 18

notary public

Question 19

can congress discriminate against aliens

Answer 19

YES. only use RBR

Question 20

strict scrutiny test

Answer 20

law must be necessary for a compelling government purpose

Question 21

intermediate scrutiny test

Answer 21

law must be substantially related to an important government purpose

Question 22

rational basis review test

Answer 22

law must be rationally related to a legitimate government purpose

Question 23

durational residency requirements

Answer 23

• where state requires new citizen to live in state for certain time to get benefit, usually violates EPC because fundamental right to travel subject to SS

Question 24

Does an individual have a fundamental right to travel state to state

Answer 24

YES.

• State law that violates fundamental right to travel is violated by EPC, subject to SS
• traveling to state to state is a fundamental right and state residency requirement is violation of EPC under 14th amendment