Equal Protections Flashcards
From what part of the Constitution does equal protection stem from?
the Equal Protections clause of the 14th Amendment and the due process clause of the 5th Amendment.
The Equal Protection Clause of the 14th Amendment is limited to actions by the _____________.
states.
The Due Process Clause includes equal protections against actions by the _________________.
federal government.
While the 14th Amendment Equal Protections Clause only applies to the states, grossly unreasonably discrimination violates the ________________________.
5th Amendment Due Process Clause; i.e. applies to the federal government.
For strict or intermediate scrutiny to be applied, there must be _____________ on the part of the government to discriminate.
intent
Intent on the part of the government to discriminate can be shown by:
1) a law being discriminatory on its face; 2) a discriminatory application of a facially neutral law; or 3) a discriminatory motive behind a law.
What are the suspect classifications for equal protection/due process purposes?
race, national origin and alienage.
Only ____________ discrimination violates the Constitution.
intentional
Is government action which favors racial or ethnic minorities subject to strict scrutiny analysis?
yes
What is an area where the government meets the strict scrutiny test for racial discrimination?
the government has a compelling interest in remedying past discrimination in government bodies. Therefore, the government can favor minorities over other groups.
Race can be considered in drawing new voting districts, but it cannot be ___________________.
the predominant factor.
When is an alienage classification not subject to strict scrutiny?
when it is the federal government doing the discriminating.
When is an alienage classification subject to strict scrutiny?
when the states or local governments are discriminating.
When might a discrimination based on alienage by a state or local government be upheld?
where the discrimination involves participation in self-government.
Are undocumented aliens a suspect class?
No
What standard are state or local laws pertaining to illegal immigrants analyzed under?
rational basis review, because illegal aliens are not suspect classes.
What are the quasi-suspect classes?
legitimacy and gender.
What is the standard for analyzing discrimination against someone based on gender?
intermediate scrutiny; i.e. the law must be substantially related to an important government purpose, AND the government must show there was an exceedingly persuasive justification for the discrimination.
Section 5 of the 14th Amendment does what?
Section 5 of the 14th Amendment is the enabling clause of the Equal Protections Clause of the 14th Amendment. The clause allows Congress to enforce the provisions of the 14th Amendment.
Under section 5 of the 14th Amendment, can Congress create new rights?
no, it can only legislate to enforce court-recognized rights.
