Equal protection Flashcards
What is the three question approach to equal protection?
- What is the classification?
- What level of scrutiny should be applied?
- Does this law meet the level of scrutiny?
What amendments do the equal protection clause fall under?
The Fourteenth Amendment and the Fifth
Equal protection is applied only to state and local governments under what amendment?
Fourteenth Amendment
Equal protection is applied only to the federal governments under what amendment?
Fifth Amendment
What level of scrutiny is used for race classifications?
Strict scutiny
What two ways is the existence of a racial classification proven?
- The classification exists on the face of the law
- If the law is facially neutral, proving a racial classification requires demonstrating both discriminatory impact and discriminatory intent
If the law is facially neutral how do you prove racial classification?
proving a racial classification requires demonstrating both discriminatory impact and discriminatory intent
What level of scrutiny is used for national origin classifications?
Strict Scutiny
How should racial classifications benefiting minorities be treated?
Strict scrutiny is applied.
What do numerical set asides for race classifications require?
Numerical set-asides require clear proof of past discrimination
How does affirmative action work?
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.
What scrutiny level must public school systems meet when they use race as a factor in assigning students to schools?
Strict Scrutiny
What scrutiny level is used for gender classifications?
Intermediate scrutiny is used.
“gender discrimination may be allowed if there is an exceedingly persuasive justification”
How is the existence of a gender classification proven?
- The classification exists on the face of the law
- If the law is facially neutral, proving a gender classification requires demonstrating both discriminatory impact and discriminatory intent
If the law is facially neutral, proving a gender classification requires what?
demonstrating both discriminatory impact and discriminatory intent
Are gender classifications benefiting women that are based on role stereotypes allowed?
No
Are gender classifications that are designed to remedy past discrimination and differences in opportunity allowed?
Yes
What scrutiny level is applied to alienage classifications?
Generally, strict scrutiny is used
When is the rational basis test used for alienage classifications?
alienage classifications that concern self-government and the democratic process
What can the Gov. discriminate against non-citizens for?
- voting,
- serving on a jury,
- being a police officer,
- being a probation officer,
- being a teacher.
What scrutiny level is used for Congressional discrimination against aliens?
Rational basis test
What scrutiny level is used for discrimination against undocumented alien children?
It appears that intermediate scrutiny is used for discrimination against undocumented alien children
What scrutiny level is used for discrimination against bastards?
intermediate scrutiny
Is it constitutional to have a law that says paternity must be established during a father’s lifetime? Why or why not?
Yes, can allow a law that says paternity must be established during lifetime to prevent fraud.
What scrutiny level is used for age discrimination?
Rational basis
What scrutiny level is used for disability discrimination?
Rational basis
What scrutiny level is used for sexual orientation discrimination?
Rational basis
