Equal protection

Question 1

What is the three question approach to equal protection?

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

What amendments do the equal protection clause fall under?

Answer 2

The Fourteenth Amendment and the Fifth

Question 3

Equal protection is applied only to state and local governments under what amendment?

Answer 3

Fourteenth Amendment

Question 4

Equal protection is applied only to the federal governments under what amendment?

Answer 4

Fifth Amendment

Question 5

What level of scrutiny is used for race classifications?

Answer 5

Strict scutiny

Question 6

What two ways is the existence of a racial classification proven?

Answer 6

1. The classification exists on the face of the law
2. If the law is facially neutral, proving a racial classification requires demonstrating both discriminatory impact and discriminatory intent

Question 7

If the law is facially neutral how do you prove racial classification?

Answer 7

proving a racial classification requires demonstrating both discriminatory impact and discriminatory intent

Question 8

What level of scrutiny is used for national origin classifications?

Answer 8

Strict Scutiny

Question 9

How should racial classifications benefiting minorities be treated?

Answer 9

Strict scrutiny is applied.

Question 10

What do numerical set asides for race classifications require?

Answer 10

Numerical set-asides require clear proof of past discrimination

Question 11

How does affirmative action work?

Answer 11

Educational institutions may use race as one factor in admissions decisions to help minorities. However, educational institutions may not add points to applicants’ admissions scores based on race.

Question 12

What scrutiny level must public school systems meet when they use race as a factor in assigning students to schools?

Answer 12

Strict Scrutiny

Question 13

What scrutiny level is used for gender classifications?

Answer 13

Intermediate scrutiny is used.

“gender discrimination may be allowed if there is an exceedingly persuasive justification”

Question 14

How is the existence of a gender classification proven?

Answer 14

1. The classification exists on the face of the law
2. If the law is facially neutral, proving a gender classification requires demonstrating both discriminatory impact and discriminatory intent

Question 15

If the law is facially neutral, proving a gender classification requires what?

Answer 15

demonstrating both discriminatory impact and discriminatory intent

Question 16

Are gender classifications benefiting women that are based on role stereotypes allowed?

Answer 16

No

Question 17

Are gender classifications that are designed to remedy past discrimination and differences in opportunity allowed?

Answer 17

Yes

Question 18

What scrutiny level is applied to alienage classifications?

Answer 18

Generally, strict scrutiny is used

Question 19

When is the rational basis test used for alienage classifications?

Answer 19

alienage classifications that concern self-government and the democratic process

Question 20

What can the Gov. discriminate against non-citizens for?

Answer 20

1. voting,
2. serving on a jury,
3. being a police officer,
4. being a probation officer,
5. being a teacher.

Question 21

What scrutiny level is used for Congressional discrimination against aliens?

Answer 21

Rational basis test

Question 22

What scrutiny level is used for discrimination against undocumented alien children?

Answer 22

It appears that intermediate scrutiny is used for discrimination against undocumented alien children

Question 23

What scrutiny level is used for discrimination against bastards?

Answer 23

intermediate scrutiny

Question 24

Is it constitutional to have a law that says paternity must be established during a father’s lifetime? Why or why not?

Answer 24

Yes, can allow a law that says paternity must be established during lifetime to prevent fraud.

Question 25

What scrutiny level is used for age discrimination?

Answer 25

Rational basis

Question 26

What scrutiny level is used for disability discrimination?

Answer 26

Rational basis

Question 27

What scrutiny level is used for sexual orientation discrimination?

Answer 27

Rational basis