Equal Protection Flashcards
When does EPC apply?
Whenever the govt draws a distinction among people there is a basis for EPC
What is the steps for EPC challenge?
1) what is the classification
2) what level of scrutiny should be applied?
3) Does the law meet the level of scrutiny?
what part of const applies EPC to states and local government?
14th Amendment.
what EPC applies to feds?
5th amendment due process clause
what are the 2 ways to determine if the existence of classification?
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
If the law is neutral on its face, does discriminatory impact of the law enough to show classification?
NO. need BOTH discriminatory impact and DISCRIMINATORY INTENT
are peremptory challenges on race allowed?
NO
how is racial classifications for BENEFIT minorities applied?
must meet strict scrutiny
when can numerical set asides for race be allowed
when there is clear proof that remedy is for past discrimination
what can educational faciltites do when considering race?
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
What CANNOT educational facilities do when considering race
CANNOT add points to an applicants admission scores solely based on race.
can gender classifications benefiting women based on stereotypes be allowed?
NO.
-ex: only women get alimony
when will gender classifications benefiting women be allowed
when it is designed to remedy past discrimination and differences in opportunity will be allowed.
what classifications are under strict scrutiny
1) race
2) national origin
3) alienage (generally)
4) travel (but not foreign travel)
5) voting
what classifications fall under intermediate scrutiny
1) gender
2) illegitimacy
3) undocumented alien kids
what classifications fall under rational basis review
everything else
1) alienage classifications related to self government and the democratic process
2) congressional regulation of aliens
3) age
4) handicap
5) wealth
what certain privileges are reserved just for citizens and not aliens?
1) voting
2) serving on a jury
3) being a cop
4) being a teacher
5) being a probation officer
what certain privilege is not just reserved for citizens
notary public
can congress discriminate against aliens
YES. only use RBR
strict scrutiny test
law must be necessary for a compelling government purpose
intermediate scrutiny test
law must be substantially related to an important government purpose
rational basis review test
law must be rationally related to a legitimate government purpose
durational residency requirements
- 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
Does an individual have a fundamental right to travel state to state
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
