Equal Protection

Question 1

What is a Suspect Class?

Answer 1

Classifications are suspect if they are based on:

— Race

— National Origin

— Alienage

Question 2

What is a Quasi-Suspect Class?

Answer 2

Classifications based on:

— Legitimacy

— Gender

Question 3

Broadly, what 3 steps should you consider when dealing with an Equal Protection essay question (i.e. where government draws a distinction between some people, but not others)?

Answer 3

(1) What is the Classification? — (a) Discriminatory on its face; or (b) Facially neutral, but discriminatory intent AND impact.
(2) What level of Scrutiny should you apply?
(3) Does the law meet this Scrutiny Test?

Question 4

To which parts of government does the 14th Amendment Equal Protection clause apply?

Answer 4

Applies only to State and Local Government; not to Federal.

Question 5

Can the Equal Protection Clause ever apply to Federal Government if not through the 14th Amendment?

Answer 5

Yes, through the Due Process Clause of the 5th Amendment.

Question 6

How is the existence of race or national origin discrimination proven?

Answer 6

Either:

— The classification exists on its face, OR

— If the law is racially neutral on its face, then the plaintiff must show that the law had a DISCRIMINATORY IMPACT and a DISCRIMINATORY INTENT

Question 7

If a law isn’t racially discriminatory or on its face, but has a discriminatory effect on people of a certain race, will that be sufficient to prove that the government has denied Equal Protection to such class?

Answer 7

No, discriminatory effect is insufficient if the law is neutral on its face.

Question 8

Can quotas or positive discrimination be permissible under the Strict Scrutiny Test?

Answer 8

Yes, but they require clear proof of past discrimination and the new law is necessary to remedy such discrimination.

Question 9

Can Educational Institutions use race as one factor to help admit more minorities?

Answer 9

Yes, but they must show that no racially neutral alternative would be able to achieve diversity.

Question 10

The Scrutiny Test for Gender classification is what?

Answer 10

Intermediate Scrutiny, which means the law must be substantially related to an important government interest.

Question 11

In addition to the Intermediate Scrutiny Test, courts now state that Gender classification will be allowed if there is… what?

Answer 11

An EXCEEDINGLY PERSUASIVE JUSTIFICATION

Question 12

How is the existence of Gender-related discrimination proven?

Answer 12

Either:

— The classification exists on its face, OR

— If the law is gender neutral on its face, then the plaintiff must show that the law had a DISCRIMINATORY IMPACT and a DISCRIMINATORY INTENT

Question 13

How should gender classifications benefiting women be treated?

Answer 13

Gender classifications based on traditional role stereotypes will not be allowed (because they perpetuate destructive stereotypes).

Gender classifications that are designed to remedy past discrimination and differences in opportunity will be permitted.

Question 14

What Scrutiny Test is applied for general alienage?

Answer 14

Strict Scrutiny

Question 15

Is alienage a suspect class?

Answer 15

Yes

Question 16

When might discrimination against aliens be permissible/apply the Rational Basis Test, and which Scrutiny tests will be applied?

Answer 16

(1) Apply Rational Basis Test if the law relates to DEMOCRATIC PROCESS:

— Voting
— Serving on a Jury
— Being a Police Officer 
— Probation Officer
— Teacher 

(2) Apply Rational Basis Test if it’s Congress/ Federal discrimination because Congress has plenary powers to regulate aliens
(3) Apply Intermediate Scrutiny for discrimination against undocumented alien children

Question 17

Why is only a Rational Basis Test used for Congressional discrimination?

Answer 17

Because Congress has Plenary Powers to regulate aliens.

Question 18

Age discrimination requires which level of scrutiny?

Answer 18

Intermediate

Question 19

Discrimination against nonmarital children requires which level of scrutiny?

Answer 19

Intermediate

Question 20

Discrimination based on disability requires which level of scrutiny?

Answer 20

Rational basis

Question 21

Discrimination based on wealth requires which level of scrutiny?

Answer 21

Rational basis

Question 22

When might the government violate equal protection, as opposed to substantive due process?

Answer 22

If a law limits liberty of all persons to engage in some activity, then it’s likely about substantive due process.

If the law treats a person or class of persons differently from one another, then it’s likely a question about equal protection