Equal Protection

Question 1

Approach

Answer 1

1. what is the classification
2. what level of scrutiny should be applied?
3. does this law meet the level of scrutiny?

Question 2

how applies

Answer 2

state and local - through 14A

to fed through DP of 5th A

Question 3

classifications on race and national origin

Answer 3

strict scrutiny

classification will be on face of law

if law is factially neutral, proving acial classification requires demonstrating both discriminatory impact and discriminatory intent

Question 4

racial classification benefitting minorities

Answer 4

strict scrutiny

quotas requrie clera proof of past discrimination

colleges can use race as one factor must show there is no race neutral alternative they should use thouhgh

can’t assign kids to school based on race unless strict scrutiny

Question 5

gender classifications

Answer 5

intermediate scrutiny

remember if law on its face is gender netural must show discrimintaory impact and intent

do NOT allow classifications benefiting women based on stereotypes

gender classifications designed to remedy past discrimination and diferences in opportunity wil be allowed

Question 6

alienage classifications

Answer 6

generally strict scrutiny (look for something that gies US citizens only welfare, public service jobs, etc.

alienage classifications concern self government and democtactic process - rational basis

rantional basis for congressional discrim against aliens (think immigrantion)

intermediate scrutiny for discrim agianst undocumented kids of aliens

Question 7

discrimination against bastards

Answer 7

intermediate scrutiny

laws that deny a benefit to all basards but granted to marital kids are unconst.