Equal Protection Clause

Question 1

Source

Answer 1

Under the 14A the equal protection clause applies to states and localities. The 5A due process clause has an “equal protection component” that applies to the federal government.

Question 2

What triggers due process?

Answer 2

The government treating people differently.

Question 3

Steps to solving and equal protection problem

Answer 3

Figure out if it’s government conduct

Figure out the classification (facially discriminatory or disparate impact + discriminatory intent)

Apply the appropriate level of review (SS, IS, or RBR)

Question 4

Already recognized compelling state interests that will survive strict scrutiny if done in a reasonable way.

Answer 4

Eradicating Discrimination in Schools
Achieving diversity in higher education
Affirmative Action in Government Hiring and Contracting