Equal Protection Flashcards
Equal Protection Analysis
• The Equal Protection Clause of the 14th Amendment (applicable to the States) and the 5th Amendment (applicable to the federal government) prohibits the government from denying citizens equal protection of the laws.
• To determine if a discriminatory classification against a group of people exists, one of the following must be shown:
(a) the law is discriminatory on its face;
(b) the law is facially neutral, but is applied in a discriminatory manner; OR
(c) a discriminatory motive, when the law is facially neutral but creates a disparate impact (DISPARATE IMPACT W/O DISCRIM MOTIVE IS RATIONAL BASIS).
When the government makes laws that classify people into groups, the constitutionality of the law will be considered using one of three different levels of scrutiny: (a) Rational Basis; (b) Intermediate Scrutiny; OR (c) Strict Scrutiny.
Equal Protection Analysis–Strict Scrutiny
The court will apply strict scrutiny when: (a) a classification is based on a suspect class (race, national origin, or alienage in some instances); OR (b) when the law infringes on a fundamental right for a class of people (i.e. right to vote, exercise of religion, have access to the courts, and interstate travel). Alienage (legal non-citizen status) is generally a suspect class only when a State is involved (as Congress has power over aliens under the Constitution). A State may limit a non-citizen’s participation in a function of the government, which is subject to rational basis review.
Under strict scrutiny, the government must show that the classification is necessary to serve a compelling government interest, and the law is the least restrictive means.
Equal Protection Analysis–Intermediate Scrutiny
When a classification is based on a quasi-suspect class (gender, non-marital children), the court will apply intermediate scrutiny.
o Under intermediate scrutiny, the government must show that the classification is substantially related to an important government interest (the interest MUST be the government’s actual interest in passing the law).
Equal Protection Analysis–Rational Basis
Rational Basis: For all other classes (age, disability, wealth, undocumented aliens), the court will apply the rational basis test.
o Under rational basis, the plaintiff must show that the classification is NOT rationally related to any legitimate government interest (any conceivable interest is sufficient, even if it is not the government’s actual interest in passing the law).
