Equal Protection Clause of the Fourteenth Amendment and Due Process Clause of the Fifth Amendment

Question 1

Which one applies to the federal government?

Answer 1

The DPC of the Fifth Amendment not the EPC

Question 2

What are the standards?

Answer 2

if it is a fundamental right or suspect classification - SS
If it is a quasi-suspect classification - IS
If no classification - RB

Question 3

How to you show discriminatory intent on the part of the government?

Answer 3

1. a law that is discriminatory on its face
2. a discriminatory application of a facially neutral law or
   3) A discriminatory motive behind the law.

Question 4

What are the suspect classifications?

Answer 4

Race, national origin, or alienage (exception participating in self-government process)

Question 5

What is benign government discrimination?

Answer 5

where the government’s compelling interest is in remedying past discrimination against a racial or ethnic minority. the past discrimination must have been persistent and readily identifyable.

Question 6

What are quasi suspect classifications?

Answer 6

gender and legitimacy

Question 7

What are the fundamental rights?

Answer 7

right to interstate travel, privacy, voting, and first amendment rights