Equal Protection Clause Flashcards
EPC - Definition / State Action
No state shall deny to any person the equal protection of the laws.
This clause is applicable to State and Localities
EP –> Gov treats a group of people differently than everybody else
* You can treat differently, but scrutiny test applies
When a statute treats people differently from other people. Theme is PEOPLE, once we know statute refers to people, see who the people are
EPC - Standard of Review
Strict Scrutiny - Requires the law to be Necessary for a Compelling government interest (burden on the State)
Intermediate Scrutiny - Requires the law to be Substantially related to an Important government interest (burden on the State)
Rational Basis Test - Requires the law to be Rationally related to a Legitimate government interest (burden on the challenger)
EPC - Classifications
Suspect Classifications - Race; Ethnicity; National Origin - Triggers SS
Discriminatory Purpose is required: not enough to show a disproportionate impact
National Origin: Federal classification are valid unless arbitrary and unreasonable
States and Localities cannot require US citizenship for access to private employment and government benefits
EPC - Classifications (2)
Quasi-Suspect - Gender; Legitimacy
Smt depends on whether parents were married at the time of one’s birth
EPC - Classifications (3)
Non-Suspect Classification - Age; Wealth (and everyone else)
Wealth is not a suspect or quasi-suspect classification, but the government has to waive filing fees for indigents when charging the fees would deny a fundamental right
EPC - Fundamental Rights
Right to Travel
Right to Vote (One person, one vote) - requires districts of approx equal size (#of voters each)
Gerrymandering - Racial (race may be a factor in drawing district lines but cannot be the predominant or only factor); Political
5th vs 14th Amendment
- When CONGRESS passes the Law (equal protection or due process) –> Pick 5amd answer
