Terms Flashcards
Equal Protection Clause
14th amendment clause that applies to state government
No state can deny equal protection of the laws to anyone within its jurisdiction
Due Process Clause
14th amendment - No state can deprive anyone of life, liberty, or property without due process of law.
5th amendment - federal level - guarantees that people receive fair treatment under the law.
Romantic Paternalism
occurs when legislations subscribes to the belief that men were made and need to protect women
seen where laws were meant to protect women
State Police Powers
Suspect Classification
Immutable characteristics:
not relatable to one’s ability
determined at birth
history of group treatment
politically powerless group
Rational Basis Review
determines if the law is fair, reasonable and appropriate and if it is rationally or reasonably related to a legitimate government purpose
burden is on who is challenging the law
Intermediate Scrutiny
only invoked when a state or fed statue discriminates against certain protected classes
must further an important government interest and must do so by means that are substantially related to that interest
cannot be too over or under inclusive
burden is on the government
Strict Scrutiny
government must have compelling interest
narrowly tailored or least restricitve
burden is on the government
Current Standard Intermediate Scrutiny
legitimate state interest
substantially related means and interest
exceedingly persuasive reasoning