(19) Constitutional Law: Equal Protection

Question 1

Equal Protection

Overview Rule

Answer 1

Equal Protection of the 5th (fed) and 14th (state) Amendments prohibits the government from denying citizens equal protection of the laws. The court will determine if discriminatory actions are occurring by applying one of the 3 levels of review (1) Strict Scrutiny; (2) Intermediate Scrutiny; or (3) Rational Basis.

Question 2

Discriminatory Classification

Equal Protection

Answer 2

A law is deemed discriminatory if: (a) The law is discriminatory on its face; (b) the law is facially neutral but is applied in a discriminatory manner; OR (c) a discriminatory motive (the law creates a disparate impact AND the legislation has a discrimination motive/purpose).

AKA DISCRIMINATION MUST BE INTENTIONAL segregation usually only violates if intentional

Question 3

Rule:

Strict Scrutiny

Equal Protection

Answer 3

The government must show the law is necessary to achieve a compelling government interest and is narrowly tailored.

Question 4

When is Strict Scrutiny Applicable?

Equal Protection

Answer 4

Strict scrutiny test applies if a fundamental right or suspect classification is involved.

Question 5

What are they?

Suspect Classification

Equal Protection

Answer 5

Race, Ethnicity, and National Origin.

Alienage is a suspect classification for state laws and strict scrutiny will apply unless the law is restricting or prohbiting an alien’s participation in government functions. Then rational basis test will apply.

Question 6

Does it pass strict scrutiny if police separate a crowd by race in the middle of a riot?

Equal Protection

Answer 6

YES

Question 7

Intermediate Scrutiny

Equal Protection

Answer 7

To be constitutional the government must prove the law is substantially related to an important governmental interest.

(Must be the actual interest in passing the law)

Question 8

When is Intermediate Scrutiny applicable?

Equal Protection

Answer 8

Intermediate scrutiny is used when a classification is based on gender or status as a nonmarital child (legitimacy). These are also known as Quasi-Suspect Classifications.

Question 9

Is it constitutional for the government to give beneficial treatment to women over men through affirmative action?

Equal Protection

Answer 9

YES, The court has held that affirmative action regulations granting beneficial treatment to women over men is an important government interest to provide a remedy for past gender-based discrimination.

Question 10

Is it constitutional for the court to uphold regulation that punishes offspring of nonmartial relationships?

Equal Protection

Answer 10

NO, The court will not uphold legislation designed to punish the offspring of a nonmartial relationship.

Question 11

Rational Basis

Equal Protection

Answer 11

A law must be rationally related to a legitimate governmental interest.

The burden of proof is on the challenger (the P) and not the government.

Question 12

When does Rational Basis apply?

Equal Protection

Answer 12

Rational Basis applies in all cases in which one of the higher standards does not apply.

Question 13

Which standard is an AGE discriminatory regulation reviewed under?

Equal Protection

Answer 13

Rational Basis

Question 14

Which standard is a POVERTY discriminatory regulation reviewed under?

Equal Protection

Answer 14

If the regulation prohibits the poor from exercising a fundamental right because of a government imposed fee then strict scrutiny will apply, otherwise rational basis.

Question 15

Which standard is a SEXUAL ORIENTATION discriminatory regulation reviewed under?

Equal Protection

Answer 15

There is division upon the standard of scrutiny

Question 16

What fundamental rights are unique to Equal Protection?

Equal Protection / Due Process

Answer 16

Substantive due process rights are often protected by equal protection.

The right to vote, to travel or to marry may trigger an inquiry for due process and equal protection, especially if it’s a denial of the right to one group.