FUNDAMENTAL INTERESTS AND THE EQUAL PROTECTION CLAUSE Flashcards
What is a Fundamental Right?
An unenumerated substantive constitutional right.
The Court must decide whether a claimed liberty is sufficiently important to be regarded as fundamental, even though it is not mentioned in the text of the Constitution. The Court has looked to the text and intent of the framers, history and tradition (is this right traditionally protected by our society), deeply rooted moral consensus, effects on the political process.
If a right is safeguarded under due process, the constitutional issue is whether the government’s interference is justified by a sufficient purpose.
If a law denies the right to everyone, then due process would be the best ground for analysis.
What is a Fundamental Interest?
NOT a substantive constitutional right; a right that the court regards as fundamental.
If the right is made available, it cannot be given to some and not others. If the right is protected under equal protection, the issue is whether the government’s discrimination as to who can exercise the right is justified by sufficient purpose.
If a law denies a right to some, while allowing it to others, the discrimination can be challenged as offending equal protection or the violation of the right can be objected to under due process –> analyze under both!
Standard of Review
Strict Scrutiny
Harper v. Virginia State Board of Elections (Denial of the right to vote)
Facts: Harper and other Virginia residents filed suit to have Virginia’s poll tax declared unconstitutional.
Holding: The Court did NOT recognize a substantive constitutional right to vote in elections! It invalidated the statute on equal protection grounds. A statute violates the Equal Protection Clause whenever it makes the affluence of the voter or the payment of a fee an electoral standard. It causes invidious discrimination against the poor.
Denial of the Right to Vote - Kramer v. Union Free School District
Facts: A NY law provided that in certain school districts, residents who were otherwise eligible to vote in state and federal elections may only vote in the school district election if they owned or leased taxable property within the district or had children enrolled in local public schools.
Holding: The Court did NOT recognize a substantive constitutional right to vote in elections! It invalidated the statute on equal protection grounds. The right to vote is a basic civil right; a statute that grants the right to vote to some residents of requisite age while denying the right to others is unconstitutional.
Dilution of the Right to Vote – Reynolds v. Sims
Facts: The apportionment system of several states was not based solely on the one-person one-vote principle but rather took other factors into account, with the result being that each vote in the rural district meant much more than the vote of a person residing in an urban area.
Holding: The Court did NOT recognize a substantive constitutional right to vote in elections! It invalidated the statute on equal protection grounds – the statute purposefully discriminated against persons based on residence. It advantages the minority and gives them more voting power over the majority
Shapiro v. Thompson – Travel is a substantive constitutional right!
Facts: A DC statute denied welfare assistance to residents of the district who had not resided within the jurisdiction for at least one year prior to their application for such assistance.
Holding: The right to travel interstate is a fundamental right (i.e. substantive constitutional right!). Though the right to travel is not expressly contained in the Constitution, it is inherent in the structure of the Constitution. This interest can also be grounded in the dormant commerce clause – states cannot interfere with citizens’ rights to cross state lines. Thus, it is appropriate for the Court to apply strict scrutiny.
Saenz v. Roe – The Court recognizes three components of the right to travel:
The right to enter and leave another state. This right is inferred from the structure of the Constitution.
The right to be treated as a welcome visitor when present in another state – a right rooted in article IV, section 2
The right to be treated like other citizens of that state for travelers who wish to become permanent residents. This right is rooted in the privileges or immunities clause.
The Right to travel can be found:
1) Equal Protection Clause
2) Privileges or immunities clause
3) Liberty of the due process clause
4) May also be found in Dormant Commerce Clause
Education is not a fundamental right! San Antonio School District v. Rodriguez
Facts: The San Antonio School District was largely funded by property taxes, with the taxes of each sub-district being spent on the school in that district. The result of this was that the per-pupil expenditures in schools of affluent neighborhoods were much higher than in poor ones.
Holding: The Court halted the development of new fundamental interests by defining such interests as those either explicitly or implicitly in the Constitution.
Analysis:
Strict scrutiny only applies if the statute at issue abridges a fundamental right or involves as suspect class!
No suspect classification here!
No fundamental right – there is not a substantive right to a public education. Education is not among the rights afforded explicit protection under the Constitution; nor do we find any basis for saying it is implicitly protected.
Thus, strict scrutiny does not apply and the Court proceeds under rational basis review, and upholds that statute on this basis.
