Equal Protection of the Laws

Question 1

Where does equal protection of law come from for states?

Answer 1

14th amendment equal protection clause

Question 2

Where does equal protection of law come from for the fed?

Answer 2

5th amendment

Question 3

What does equal protection require the government to do

Answer 3

Equal protection requires the government to justify when it discriminates.

Question 4

For an equal protection question, identify:

2

Answer 4

(1) the type of discrimination and (2) identify and/or apply the level of scrutiny attached to that discrimination.

Question 5

Level of review in situations of disparate impact

Answer 5

Rational basis review

Question 6

Rational Basis Review

Answer 6

1. πmust show that what gov’t has done is not rationally related
   +
   to any legitimate interest

Question 7

2 exceptions to disparate impact?

Answer 7

1. when employer intended to bring about disparate impact (strict)
2. law enforced in a discriminatory rule

Question 8

If none of the other tiers of scrutiny apply, what is the defaul

Answer 8

rational basis

Question 9

What types of discrimination get beyond rationale basis?

4

Answer 9

1. sex
2. illegitimacy of birth
3. race
4. U.S. citizenship if done by states

Question 10

Intermediate scrutiny requires?

Answer 10

1. gov’t must show
2. substantial relation
3. to government an important interest
4. interest has to be actual reason

Question 11

What gets intermediate scrutiny

Answer 11

1. sex

2. illegitimacy of birth

Question 12

Strict scrutiny requires?

Answer 12

1. Gov’t must show
2. Compelling interest (very important)
3. Discrimination is necessary (no alternative means)
4. interest has to be actual reason for implementation

Question 13

What gets strict scrutiny

Answer 13

1. race

2. U.S. citizenship if done by states

Question 14

In rational basis who wins? what is the exception?

Answer 14

Government; unless sexual orientation

Question 15

De jure segregation is

Answer 15

segregation by law; almost always unconstitutional

Question 16

De facto segregation is

Answer 16

segregation that is not legally required but happens by private choice

-no constitutional issue because there is no state action

Question 17

Overt classifications may pass strict scrutiny where

Answer 17

1. When police are responding to race riots;

2. Affirmative action

Question 18

What are the two compelling interest for affirmative action?

2

Answer 18

1. remedying state’s own past discrimination (the benefits should go as closely as possible to the people discriminated)
2. Diversity in higher education (race can be one factor among many with no fixed weight)

Question 19

Alienage Discrimination by States gets

Answer 19

strict scrutiny if states do it

Question 20

How can states treat non-citizens differently?

Answer 20

—can exclude from jobs related to self governance (e.g. police officers, gov’t officials, public school teachers_

Question 21

How can states treat illegal aliens differently?

Answer 21

They are not protected —get’s rational basis review

≠ immigration policy

Question 22

How can states treat illegal aliens children differently?

Answer 22

Gets intermediate scrutiny

Question 23

If there is a question with discrimination based on illegitimacy on the bar exam, it will probably be

Answer 23

unconstitutional because it serves no important government interest

Question 24

laws that treat men and women differently must meet

Answer 24

intermediate scrutiny

Question 25

Examples of when treating men and women differently are unconstitutional
(4)

Answer 25

1. estate administration
2. Military housing
3. Alimony payments
4. Drinking age (cannot be higher for men than women)

Question 26

Examples of when treating men and women differently are constitutional
(2)

Answer 26

1. the draft: okay to require men but not women

2. statutory rape: can set age of consent higher for men than women

Question 27

Level of scrutiny for gender based affirmative action:

Answer 27

intermediate scrutiny

Question 28

General rule for gender based affirmative action

Answer 28

Sex based affirmative action will be upheld if it is making up for past mistakes of society.

Question 29

The right to vote is on the basis of

Answer 29

one person, one vote
Applies to 
-Federal
-State
-Local

equal protection clause, 14th

Question 30

When does the right to vote on the basis of “one person, one vote” not apply?

Answer 30

limited-purpose elections

Question 31

What is the test for laws departing from “one person, one vote?”

What is the test for registration, time, place, manner requirements?

Answer 31

1. Strict scrutiny

2. rational basis + no undue burden

Question 32

Is there a constitutionally protected privacy right to party affiliation?

Answer 32

no