Equal Protection

Question 1

What does EP claim apply to?

Answer 1

14A EP Clause: States and localities

5A Due Process clause: federal government

Question 2

What are the two types of discriminatory classifications?

Answer 2

• facial

- disparate impact and discriminatory intent

Question 3

What discriminatory classifications get strict scrutiny?

Answer 3

Suspect classes

• race
• national origin
• alienage classifications (but rational basis if related to democratic governance (e.g. voting, jury service, etc.) or if congressional law rather than state or local)
• denial of fundamental rights to some

Question 4

What discriminatory classifications get intermediate scrutiny?

Answer 4

Quasi-suspect classes

• gender
• non marital children (if distinguish between non-marital children, more likely to be upheld)
• undocumented alien children (maybe, but rational basis is safest bet)