Pg 31 Flashcards
If a state gives benefits to citizens but denies those benefits to aliens, what happens under the equal protection clause?
This is considered to be suspect and it is subject to strict scrutiny.
What is the political function exception to alienage being treated as a suspect class under the equal protection clause?
If a government job relates to political functions or has broad discretion informing or implementing a state self-definition, then the state can exclude those that are not part of the political community.
Ie: the state can require police officers to be citizens because they have authority that involves the public, and the same is true for teachers because they shape students for roles as citizens, as well as probation officers because they have official discretion over people
When is a class based on alienage considered to be a suspect class under the equal protection clause?
Only when the state government is the actor, not when the federal government is. This is because the federal government has power over immigration, naturalization, and foreign policy, so using citizenship as a class does not require strict scrutiny when the federal government does it (in that case it is only reasonableness)
Do aliens have a fundamental right to medical care in the United States?
No
Is it possible for a state to tax aliens a greater amount than citizens for the same income?
No because this does not meet the strict scrutiny test
If a law is built on stereotypes about the roles of moms and dads in relation to children, does that violate the EPC?
Yes
Can tradition or revenue be a justification for a gender based discrimination under the EPC?
No
Are laws that are based on stereotypes or prejudice against illegitimate children or that impose burdensome obstacles for illegitimate kids to get the same treatment as legitimate kids constitutional?
No. No child is responsible for his birth and penalizing him is not the right way to deter parents.
The right for an illegitimate child to inherit from his or her father is treated as a what?
Property right
Why are wealth and age not considered to be suspect classes?
Because there is no history of purposeful unequal treatment regarding these things
Is mental retardation considered to be a suspect class under the equal protection clause?
No, but if the government is allocating benefits and burdens based on this class it must be rationally related to a legitimate government purpose
What test applies to sexual orientation as a classification under the equal protection clause?
Hard to say because of the new Scotus rule, but previously it only garnered the rational relationship test
When can a claim from a class of one be successful under the equal protection clause?
The plaintiff has to show that the defendant intentionally treated him differently from other similarly situated individuals without a rational basis to do so. Even if the defendant did have a rational basis, this can be overcome if the plaintiff can show it was a pretext for an impermissible motive. This can be shown through facts that prove that the purported basis was false, or the defendant acted based on an improper motive
What are some different ways that the government can behave arbitrarily under SPD, PDP, EPC, etc?
– Using capricious processes to make factual decisions [PDP]
– trying to achieve a forbidden end [SPD]
– arbitrarily treating two people that are alike differently [EPC]
– seizing property for public purposes without just compensation [taking]
– punishing without trial [bill of attainder]
– punishing the heirs of someone that committed a crime [forfeiture by blood]
– changing the definition of a law or punishment after the crime is committed [ex post facto legislation]
– retrying people that are found not guilty [double jeopardy]
– seizing a person or intruding on a private life without cause [PDP]
What is an example of a law that is discriminatory on its face and a law that is discriminatory as applied under the EPC?
- on its face: a zoning ordinance whose purpose is to exclude racial minorities from certain zones
– as applied: Chinese person not given a license for dry cleaners because they are Chinese. Having a law that says you need a license is fair on its face, but it is applied unequally because no Chinese are given licenses.
