equal protection clause Flashcards
Property qualifications imposed on the fundamental right to vote are unconstitutional as violative of equal protection. - which test?
strict scrutiny - has to show (1) a compelling government interest and (2) the unavailability of alternative, less restrictive means of achieving this interest.
strict classes
alienage - state domestic travel nationla origin race voting
intermediate classes
gender
illegitimacy
rational basis classes
age alienage - federal disability sexual orientation - rarely allowed undocumented alien children welath all else
rational basis
p must prove no rational relation to any legitimate governmental interest
intermediate scrutiny
govt. must prove its classification is substantially related to an important govt. interest
strict scrutiny
govt. must prove its classification is necc. to achieve a compelling govt. interest
fundamental rights- CAMPER
Contraception Abortion Marriage Procreation E private education R family relations
abortion
the question is now ‘undue burden’ on right to obtain an abortion
examples
more than 24 hr waiting period
spousal or parent consent w/o judicial bypass
spousal notice
‘strikes the balance’ is not sufficient need to see undue burden lang.
voting
apply strict scrutiny
it becomes a roadblock, prevents someone from voting for all time
gerrymandering - switching party affiliation, both for candidates and voters
ballot restrictions based on special interests
discrimination in voting - one person, one vote
voting
apply rational basis
when it is a speedbump
reasonable restrictions
candidate - right or filing fee
age restrictions
alienage state action and exception
normally strict scrutiny but rational basis on the following
Government Function
- Police and Probation Officers, Teachers, Jurors
alienage federal
rational basis because they have plenary power
