Equal Protection

Question 1

What is constitutional basis for EPC?

Answer 1

Federal government: 5th A DPC
States: 14th A EPC clause

Question 2

What are the standards of review of a law affecting equal protection?

Answer 2

1. strict scrutiny
2. intermediate scrutiny
3. rational basis

Question 3

What is rational basis review

Answer 3

Rational basis review requires taht P show the measure being challenged is not rationally related to any legitimate governmental interest

Question 4

When does rational basis apply

Answer 4

Applicable to all classifications not falling under strict or intermediate scrutiny, including:
-age
-alienage (federal)
-disability
-wealth
-sexual orientation

Question 5

When does stringent rational basis apply?

Answer 5

Undocumented alien children

Question 6

What is intermediate scruitny review

Answer 6

Government must show that the measure being challenged is substantially related to an importnat governmental interest

Question 7

When does intermediate scrutiny apply

Answer 7

Applies to governmental discrimination regarding gender and illegitimacy
-some extension of sexual orientation and gender identity in the context of employment discrimination under Tit. VII

Question 8

What is strict scrutiny

Answer 8

Government must prove that the measure being challenged serves a compelling government interest and that the measure in question is necessary to further that interest

Question 9

When does strict scrutiny apply

Answer 9

Applicable to classifications based on race, alienage I(state), voting, domestic travel and national origin

Question 10

What are suspect classifications under strict scruitny?

Answer 10

1. racial discrimination
2. alienage discrimination by states

Question 11

What is de jure segregation

Answer 11

Laws that deliberately segregate on the basis of race
-de facto segregation is that arising by fact rather than operation of law
-exception where police are separating a crowd by race in the middle of a riot, in which case segregation may pass strict scrutiny

Question 12

What type of analysis is applied to de jure segregation laws

Answer 12

Laws will face strict scrutiny and will almost always be found unconstitutional

Question 13

What type of analysis is applied to discrimination against resident aliens

Answer 13

When states discriminate against resident aliens (residents of another state) strict scrutiny applies

Question 14

What is exception to resident alien strict scrutiny analysis

Answer 14

Public function exception to strict scrutiny analysis for residents applicable to some jobs or activities that may be withheld from resident aliens, including:
1. police officers
2. government officials
3. public school teachers

Question 15

What type of analysis is applied to discrimination against undocumented aliens

Answer 15

When states discriminate against undocumented aliens, rational basis review applies

Question 16

What type of analysis is applied to discrimination against children of undocumented aliens

Answer 16

Courts use a stringent version of rational basis scrutiny and have deemed undocumented alien children have a right to free public elementary and secondary education

Question 17

What is constitutional discrimination based on sex

Answer 17

State statutory rape laws may set the age of consent higher for females than males

Question 18

Examples of unconstitutional discrimination based on sex

Answer 18

-Authorizing alimony payments to women, but no to men
-Higher drinking age for men than for women

Question 19

When is affirmative action permissible

Answer 19

Benign discrimination in favor of women gets upheld to make up for past discrimination either by the person who is offering the remedial program or to make up for societal discrimination