Equal Protection Flashcards
Equal Protection in General
If a law denies a fundamental right to ONLY SOME, it violates equal protection
Constitutional Basis
Found in 14th Amendment
Applies to states and localities
Standards of Review
(1) Strict Scrutiny
(2) Intermediate Scrutiny
(3) Rational Basis
Proving Discrimination
There must be discriminatory INTENT on the part of the government to get STRICT SCRUTINY
Proving Discrimination: Discriminatory on Its Face
Law that’s language creates distinction between classes of persons
Proving Discrimination: Discriminatory Application
Law that is neutral on its face, but applied in discriminatory fashion
Proving Discrimination: Discriminatory Motive
Law that is neutral on its face and in its application, but results in a disparate impact
Proof of MOTIVE/INTENT REQUIRED
Affirmative Action
Programs that favor racial or ethnic minorities are subject to strict scrutiny
Affirmative Action: Specific Past Discrimination
Affirmative action is valid when it SPECIFICALLY corrects past discrimination by the specific department or agency now engaged in affirmative action
Affirmative Action: General Societal Discrimination
Does NOT justify affirmative action
Suspect Classifications
TRIGGER STRICT SCRUTINY
(1) Race
(2) Ethnicity
(3) National Origin
Alienage: Federal Classifications Based on U.S. Citizenship
Likely valid unless ARBITRARY and UNREASONABLE
Alienage: State Classifications Based on U.S. Citizenship
States and localities CANNOT require U.S. citizenship for private employment or government benefits
MAY require U.S. citizenship for participation in government function
Quasi-Suspect Classifications
(1) Gender
(2) Legitimacy
Nonsuspect Classifications
(1) Age
(2) Poverty
(3) Sexual Orientation
