Equal Protection Flashcards

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1
Q

Equal Protection Defined

A

whenever the government draws a distinction among people

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2
Q

Three step EP question

A
  1. What is the classification?
  2. What level of scrutiny should be applied?
  3. Does this law meet the level of scrutiny?
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3
Q

Constitutional Provisions Regarding EP

A
  • 14th Amendment: Applies only to state and local governments–not the federal government
  • 5th Amendment: applies to the federal government through due process clause
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4
Q

Standard when discrimination based on race or country of ancestor origin

A

Strict Scrutiny.

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5
Q

Proving existence of a racial classification

A
  1. On its face: classification exists on the face of the law
  2. Race neutral on its face: If the law is race neutral on its face, then proving a racial classification requires demonstrating both discriminatory impace and intent
    • Discriminatory use of preemptory challenges based on race denies equal protection.
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6
Q

Racial calssifications benefiting minorities

A
  • Standard: apply strict scrutiny
  • Past discrimination: Numerical set aside requires a clear proof of past discrimination
  • Race as factor: Educational institutions may use race as one factor in adminissions decisions to benefit minorities and enhance diversity
  • Public Schools: Public school systems may not use race as a factor in assigning students to schools unless ss is met.
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7
Q

Standard for Gender Classifications

A

INtermediate scrutiny used for sex-based or gender based.

Only allowed if there is an exceedingly persuasive justification

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8
Q

Determining whether a gender classification exists.

A
  • Is the classification on the face of the law
  • If facially gender-neutral, must prove a gender classification demonstrating both discriminatory impace and discriminatory intent
    • preemptory challenges that discriminate based on gender violate EP
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9
Q

Laws that benefit women

A
  • Still use intermediate scrutiny
  • Role Sterotypes: gender classifications benefiting women that are based on role sterotypes are NOT ALLOWED (e.g. woman can receive alimony but man cannot
  • _Remedy Past Discriminatio_n: allow those that are meant to remedy past discrimination in opportunity.
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10
Q

Alienage: Laws that discriminate against non-US citizens

A
  • Standard: Generally will follow strict scrutiny for non-citizens legally in the country
  • Certain priviliges may be reserved for citizens: voting, serving on jury, police officer, teacher or probation officer
    • use rational basis for these.
  • Alien: When Congress discriminates against aliens, use only rational basis
  • Alien children: Intermediate scrutiny isue used for discrimination against alien children although unclear
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11
Q

Discrimination against non-marital chilrdren

A
  • intermediate scrutiny
  • laws that deny benefit to all non-marital children but grant it to all marital chidlren are unconstitutional using an intermediate scrutiny analysis
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12
Q

WHat is the Classificaiton?

A

Existence:

  1. the classification is on the face of the law OR;
  2. if the law is facially neutral, there is both a discriminatory intent for the law and a discriminatory impace of the law.
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13
Q

EP on strict scrutiny

A

Law must be necessary to achieve a compelling government purpose:

  • Race
  • National origin
  • alienage–generally
  • travel (not foreign travel)
  • Voting
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14
Q

EP on intermediate scrutiny

A

must be substantially related to an important government purpose

  • gender
  • illegitimacy
  • undocumented alien children
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15
Q

EP Rational Basis

A

law must be rationally related to a legitimate government interest

  • alienage classifications related to self government and the democratic process
  • Congressional regulation of aliens
  • Age
  • Disability (TX tried to prevent home for mentally disabled but lost under rational basis)
  • Wealth discrimination
  • Government economic regulations
  • Sexual orientation
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