Heightened Scrutiny for Unique Classes Flashcards
What are classifications based on Alienage held to?
Strict Scrutiny
Can a state limit welfare to “citizens?”
No. The 14th amendment says person not citizen. So although a state may have a valid reason for the restriction, it must fulfill strict scrutiny.
Under Sugarman v. Dougall, can the state limit civil service jobs to citizens?
Not usually. there is an exception for police officers. Police Officer jobs can be limited to citizens.
What standard applies when the restriction is created by:
1) President:
2) Congress:
3) Administrative Agency:
4) State or Local Government:
1) Rational Basis
2) Rational Basis
3) Strict Scrutiny
4) Strict Scrutiny
What is the standard of review for restrictions on non-marital children?
Intermediate Scrutiny.
Has the court upheld or invalidated laws that deny a benefit to all non-martial children?
The court has consistently invalidated these laws.
How are cases that give non-marital children a benefit not provided for maritial children evaluated?
They are held to intermediate scrutiny and evaluated on a case by case basis.