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Question 1

What are suspect classifications under the equal protection clause?

Answer 1

These are classifications that get heightened review. They are only allowed if they are necessary to promote a compelling or overriding interest of the government.

Question 2

What are the major classifications under the equal protection clause?

Answer 2

– race and national origin
– alienage
- gender
– illegitimacy
- wealth 
- age
– mental retardation
– sexual orientation

Question 3

What is involved in race and national origin as a suspect classification under the equal protection clause?

Answer 3

This includes ancestry and ethnicity, but not citizenship. Governments cannot burden people or deny them benefits because they are members of a racial minority.

Question 4

What does it mean to say that a classification is “suspect” under the EPC?

Answer 4

It is likely impermissible and subject to strict scrutiny

Question 5

If a statue makes the colour of a person’s skin the test for whether his conduct is criminal, what is that?

Answer 5

That is invidious discrimination and it is per se unconstitutional

Question 6

What are the two different kinds of segregation that happened in education?

Answer 6

• de jure segregation: racial separation was purposefully enacted in the law by the government. This violates equal protection clause
  – de facto segregation: segregation happens because of housing or migration patterns or something that’s not technically connected to the government. This doesn’t violate the EPC

Question 7

If a private school segregates based on race, does that violate the EPC?

Answer 7

Not unless some state action was involved

Question 8

What is affirmative action?

Answer 8

A way to remedy past racial discrimination. It usually involves a government agency adopting race conscious policies to award benefits to racial minorities by requiring that private parties that haven’t racially discriminated take actions to benefit racial minorities.

Question 9

Racial classes are not upheld under the EPC unless what?

Answer 9

They are narrowly tailored to promote a compelling government interest

Question 10

What are two compelling government interests that support having racial classes?

Answer 10

– Remedying intentional discrimination

– promoting racial diversity in higher education

Question 11

Are voluntary or remedial affirmative action programs allowed under the EPC?

Answer 11

Yes if they are voluntarily adopted by employers or bargained for by employers when trying to remedy a racial imbalance in a traditionally segregated job category.

They are OK if the goal is to get a balanced workforce as long as the plan doesn’t arbitrarily burden genders or races. There must’ve been public or private discrimination in that jurisdiction and the employer must show that he is now trying to remedy it. The plan must be narrowly tailored to correct a past discrimination

Question 12

When would a state have a compelling interest in remedying past discrimination?

Answer 12

– If the discrimination is specific or identified

– and there is strong evidence that remedial action is necessary

Question 13

How does special minority admissions to universities work under the equal protection clause?

Answer 13

Strict scrutiny is applied. Race can be a “plus factor“ in admission decisions, but the admission must be narrowly tailored considering each applicant.

Universities cannot: have quotas for certain racial groups, put applicants on separate admission tracks, give points for minority status.

Universities can: consider ethnicity as a plus factor that is individual to every applicant with the goal of creating a diverse student body, and that is held to be compelling interest. They can also consider personal characteristics like background, outlook, and ideas.

Question 14

If a court rules that a university discriminated based on race, what happens to the burden?

Answer 14

It shifts to the plaintiff to show that he would have been admitted if the special admission program was not present

Question 15

How are voting redistricting plans viewed under the equal protection clause?

Answer 15

They are judged under strict scrutiny if race was a predominant factor in the redistricting. This is usually shown by irregularity of the district’s shape or other evidence of intent.

If a legislative district is drawn using race as the sole consideration, that violates the EPC unless there is a very compelling justification like redress of previous racial discrimination regarding voting.

Question 16

When is political gerrymandering OK?

Answer 16

If it is not race based. If it is based on race, the plaintiffs have to show that race is a predominate factor or primary motivation in drawing the lines and that other factors like creating compact districts or following local government lines were disregarded

Question 17

How does the “separate but equal“ idea fare under the EPC?

Answer 17

This is when minorities were given separate services and treatment that was supposedly equal to whites. This was rejected in 1954 because separate facilities were not substantially equal. The white places had better facilities and courses and faculty. The government looked at the effects of segregation and whether it deprived blacks of opportunities. Even though physical things were sometimes the same, the intangibles were unequal and this created a feeling of inferiority

Question 18

Is it permissible under the EPC for prison guards to make race conscious choices?

Answer 18

Yes but only if it is necessary to promote a compelling interest, like temporary segregation to stop an outbreak that is motivated by racial bias