Equal Protection

Question 1

When is equal protection at issue?

Answer 1

Whenever the Gov’t treats a person or class or persons, there is a basis for EP challenge

Question 2

Proving Racial Classification

Answer 2

1) Racial discrimination on the face of the law = strict scrutiny
2) Facially neutral then must prove a discriminatory intent and impact to receive strict scrutiny.
3) Discriminatory motive behind the law. Hard to prove - must show legislature intended discrimination by evidence of history of discrimination)

*** Discriminatory effect is not enough

Question 3

Racial classification benefiting minorities

Answer 3

Receives strict scrutiny

Question 4

How is the existence gender classification proven constitutional/unconstitutional?

Answer 4

-If classification on face of law - intermediate scrutiny (“exceedingly persausive justification”)

• If law if facially neutral, proving a gender classificatino requires demonstrating both:
  1. Discriminatory intent and
  2. Discriminatory impact

Question 5

How Courts Treat Gender Classifications Benefitting Women

Answer 5

• Gender classification based on stereotypes - strict scrutiny (ex. Only women can get alimony - unconstitutional)
• Gender classification to remedy past discrimination will be allowed (ex. more social security for women because of past wage discrimination ok)

Question 6

Alienage Discrimination

Answer 6

Strict Scurinty. A law that benefits only U.S. citizens receives strict scrutiny.

Question 7

Privileges reserved for U.S. Citizens

Answer 7

Civil service positions involved with carrying out and enforcing our democracy can be limited to U.S. Citizens and receive only rational basis test. Includes: voting, jury, police officer, probation officer, teacher,

Question 8

Congress vs. states discriminating against aliens

Answer 8

Congress can discriminate against aliens and receive rational basis (immigration laws)

Question 9

Undocumented children

Answer 9

Intermediate scrutiny (Texas case denying children education)

Question 10

Discrimination against non-marital children

Answer 10

Intermediate scrutiny

Question 11

Age discrimination, disability, disability, wealth, sexual orientation

Answer 11

Rational basis

Question 12

EP Analysis

Answer 12

1) What is the classification (any disinction among a class of people warrants an EP challenge)
2) What level of scrutiny (only race, alien and country of origin receive ss)
3) Does the law meet the scrutiny level

Question 13

Constitutional Provisions Concerning Equal Protection

Answer 13

• 14th Amendent applies EP to state and local gov’t

- 5th Amendment DP Clause applies EP to federal government