V. Equal Protections

Question 1

reverse incorporation

Answer 1

Using the 5th amendment due process clause to make the 14th amendment apply to the federal government. Court has used this to make the equal protection clause of the 14th amendment apply to the federal government.

Question 2

Federal Equal Protection Clause

Answer 2

use the 5th amendment reverse incorporating the 14th amendment

Question 3

State Equal Protection Clause

Answer 3

use the 14th amendment

Question 4

Equal protection analysis

Answer 4

(1) Identify the classification
By the text, purpose and effect

(2) Determine the level of scrutiny
Suspect
Semi-Suspect
Other

(3)Apply appropriate level of scrutiny
Strict
Intermediate
Rational Basis +
Rational Basis

Question 5

Semi Suspect

Answer 5

1. Gender
2. Legitimacy​ (that is, whether one’s parents were married)
3. Alienage​ - ​children​ of undocumented aliens and access to ​public education (Jen)

Question 6

Remedial Actions

Affirmative Action, School segregation, Dick moves by state

Answer 6

Government Interests: compelling
Remedying past purposeful government discrimination when supported by record of discrimination
i.e. systemic discrimination in public education or
NOT societal discrimination
Relation of Means to Purpose: necessary for purpose
MUST HAVE firm, factual basis of past unconstitutional discrimination against specific race by specific agency

Question 7

Relation of Means to Purpose:

Answer 7

(1) Support for Criteria - University must show that they considered alternative race-neutral approaches and that the rule will likely achieve its purpose
(2) No racial balancing - No quotas, separate tracks insulating applicants, no automatic awarding of points
(3) Holistic review - applicants must have sufficient individualized consideration
(4) Sunset Provision - universities must continually reassess their need for race-conscious admissions

Question 8

Alienage

Answer 8

When there is state or local government discrimination against people of other nationalities, strict scrutiny is applied

Question 9

Travel

Answer 9

Rights include:
(1) the right of a citizen of one state to enter and leave another state;
(2) the right to be treated as a welcome visitor when temporarily in another state; and
(3) for travelers who elect to become permanent residents, the right to be treated like other citizens of that state
Source: The Privileges or Immunities Clause of the 14th Amendment

Question 10

Facial Discrimination

Answer 10

explicit classification made in the text of the law

Question 11

Discriminatory Application

Answer 11

law is neutral on its face but there is evidence officials

applying the law had discriminatory purpose and/or used discriminatory standards.

Question 12

Discriminatory Purpose + Impact​ (effect)

Answer 12

If the rule is facially neutral, a classification might still be labeled discriminatory if there is a ​disproportionate impact​ on a class, and there is evidence that the law-making body enacted/maintained the law at least partially

Question 13

Not-Suspect

Answer 13

• Area of economics and social welfare
• illegal Immigrants
• Business interests
• Wealth (unless deprivation of fundamental right)
• Age
• Family size
• Disability

Question 14

Suspect

Answer 14

Alienage
Race
Fundamental Rights