Equal Protection Clause

Question 1

Discriminatory classification

Answer 1

(1) Law discriminates on its face
(2)facially neutral law applied in discriminatory manner
(3)Discriminatory motive/purpose behind law and/or application

Question 2

When does equal protection clause apply?

Answer 2

Where a statute or government action treats similarly situated people in a dissimilar manner or singles out one class of persons

Question 3

Race, alienage, national origin level of scrutiny

Answer 3

Strict Scrutiny: Government has the burden to show that the law is necessary to achieve a compelling interest

Question 4

Gender, illegitimacy level of scrutiny

Answer 4

Intermediate scrutiny: Government has the burden to show that the law is substantially related to an important interest

Question 5

All other issues level of scrutiny

Answer 5

Rational basis: The plaintiff has the burden to show that the law is not rationally related to a legitimate interest