Equal Protection and Due Process

Question 1

Privileges and Immunities Clause - Article IV

Answer 1

Citizens of each state are entitled to privileges and immunities of citizens in the several states

Prohibits discrimination against citizens of other states when discrimination involves:
* commercial activities
* civil liberties

Question 2

Substantive Due Process

Answer 2

Due Process Clause in 14th Amendment requires government action to be reasonable and not arbitrary and protects both corporations and individuals.

Fundamental Rights: Law affecting fundamental rights (travel, privacy, voting, religion, speech) allowed only if it passes strict scrutiny
* Gov must prove law is necessary to achieve a compelling government interest

All other rights: rational basis test
* Challenger must prove that the law is not reasonably related to a legitimate gov interest

Question 3

Privileges and Immunities Clause - 14th Amendment

Answer 3

Protects the right to travel, which includes the right to leave and enter another state and be treated equally as a resident of that state.

Question 4

Procedural Due Process

Answer 4

14th Amendment prohibits depriving a person of life, liberty, or property without due process of law
* Gov must provide adequate procedures when it takes away life, liberty or property
* Requires fair and neutral decisionmaker
* Usuallly requires notice and opportunity to respond

Balancing Test (to determine type/extent of procedures)
* Importance of interest to individual
* Whether additional procedures would improve accuracy
* Public’s interest in fiscal and administrative efficiency

Question 5

Equal Protection

Answer 5

Prohibits government from discriminating against similarly situated people and protects both corporations and individuals

Strict Scrutiny: If gov discriminates against a suspect class (race, national origin, citizenship, or religion) or a fundamental right is involved, strict scrutiny applies
* Gov must prove that it’s necessary to achieve a compelling gov interest

Intermediate Scrutiny: If gov discriminates against quasi-suspect class (gender or legitimacy), intermediate scrutiny applies
* Gov must prove it’s substantially related to an important gov interest
* Gender: Gov must show exceedingly persuasive justification and cannot perpetuate stereotypes about women/men

Rational Basis: if discrimination is on any other basis, rational basis applies
* Challenger must prove discriminationary action isn’t reasonably related to legitimate government interest
* Ex. Wealth/poverty, education

Usually intentional discrimination against men/women are INVALID