week 11 Flashcards
define & give examples of rational review
serves a legitimate purpose AND congress had a reason/acted rationally.
ads on truck cases, socio-economic issues
Define & give examples of strict scrutiny
law addresses a compelling interest AND the means are necessary/narrowly tailored.
race, national origin, religion
define & give examples of intermediate scrutiny
law address an important interest AND the means are substantially related
illegitimacy, gender
why was the statute in the illegitimacy case (Lalli) held constitutional even though some legitimate children would be excluded
NY sought to prevent fraudulent claims of heirship, the means were substantially related to the evidentiary issue.
- most statutes produce some inequitable results
- courts will not consider details beyond consistency & substantiality
why did the “nonintoxicating” beer case discriminating against men violate the EP clause
although the goal of increasing traffic safety was an important state interest, the data did not show that the sex-based distinction closely served that objective
- relationship b/w gender & driving too tenuous
In Feeney, the court held that a statute preferring veterans for gov’t employment was constitutional. Why did the court dismiss Feeney’s argument that the impact was a sex-based discrimination?
- male nonveterans are also disadvantaged
- the impact was due to mostly men having served in the military AND impact alone is not enough, must show that the discrimination is purposeful: “because of,” not “in spite of”
Why did the Mississipi univ for women fail to show that their discrimination against men (college of nursing admissions) was justified? & what are examples of constitutional discrimination against men?
school tries to use affirmative action rationale but fails b/c there is no evidence that women were discriminated against in the nursing field
- examples of constitutional gender discrimination:
(1) Social security that benefitted women more because of history of unequal pay
(2) Naval female officers given 4 more years than males to rank up because they received less opportunities (such as combat)
In the case where setting a cap on how much money families could collect from welfare, the court held that the statute was constitutional.
what scrutiny was applied & why?
rational basis review b/c there is no right to welfare
- gov’t saving money is not a good enough reason under intermediate/strict scrutiny but it IS sufficient for rat’l review
- the EP clause does not demand a complete solution, as long as regulation is free of invidious discrimination & founded on some rat’l basis
What is the court’s reasoning for criminal defendants to have a right to free transcripts
- EP demands equal treatment of anyone convicted of a crime
- cannot limit access to courts on the basis of poverty
is an appeal to a criminal conviction a right?
yes, specifically the first, direct appeal
is education a fundamental right?
no
why is vote dilution based on residence unconst. & which scrutiny applies
strict scrutiny b/c voting is a fundamental right
- EP clause: “one man, one vote”
for general elections, what is the rule regarding voting
- cannot be restricted (no poll taxes, no property owner preference)
In Illinois code case (where the city of Chicago required 10k more signatures than the entire states for a candidate to appear on the ballot), what level of scrutiny was applied? & what was the court’s conclusion?
Because voting is fundamental: strict scrutiny
- here, 2 fundamental rights at stake: voting and freedom to associate with the candidate
- although limiting the amount of candidates on the ballot is a compelling state interest, the Illinois Code is not the least restrictive means
& therefore, unconstitutional
