Equal Protection Flashcards
How can you tell when there is a possible violation of equal protection?
When the government draws distinctions among people
What are the three steps to determine whether there has been an equal protection violation?
- Determine the classification / how the government is discriminating
- Determine and apply the appropriate level of scrutiny
- Determine whether the law meets the level of scrutiny
What constitutional provisions are implicated in equal protection cases?
- The Fourteenth Amendment (state and local governments)
2. Due Process Clause of the Fifth Amendment (Federal government)
What level of scrutiny is applied when the classification is based on race and national origin?
Strict Scrutiny
How is racial classification shown?
- Facial classification; or
2. Discriminatory impact AND intent
What are the requirements when the racial classification benefits minorities?
It is still subject to strict scrutiny.
Numerical set-asides require clear proof of past discrimination.
What are the rules for racial classification in education?
Race may be used as one factor in higher education admissions
Public schools may not use race in assigning students to schools
What level of scrutiny is applied to gender classifications?
Intermediate scrutiny. The government must show an exceedingly persuasive justification.
How is a gender classification shown?
- Facial classification; or
2. Discriminatory impact AND intent
What are the requirements when a gender classification benefits women?
- Subject to intermediate scrutiny
- The classification can’t be based on role stereotypes
- It is ok if designed to remedy past discrimination or differences
What level of scrutiny is applied to alienage classifications?
Generally, strict scrutiny
What is an alienage classification?
A classification based on whether the person is a US citizen or not
In what situations are alienage classifications permitted?
Voting, jury duty, and being a police officer or teacher in a public school. These are reserved solely for US citizens.
What is the level of scrutiny when Congress discriminates based on alienage?
Rational basis. Congress has the plenary power.
Note: It appears that intermediate scrutiny is used for discrimination against undocumented alien children.
What level of scrutiny is applied when there is discrimination against non-marital children?
Intermediate scrutiny.
Note: Government cannot deny a benefit to non-marital children and give to all marital children
