Equal Protection Clause Flashcards

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1
Q

Source

A

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.

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2
Q

What triggers due process?

A

The government treating people differently.

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3
Q

Steps to solving and equal protection problem

A

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)

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4
Q

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

A

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

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