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Flashcards in 9. Equal Protection Deck (15)
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1

What government action triggers the potential for an equal protection action?

When government draws a distinction between people

2

To whom does the Equal Protection clause of the Fourteenth Amendment directly apply?

State and local governments

3

How are equal protection rules applied to the federal government?

Via the due process clause of the Fifth Amendment

4

What scrutiny is applied to classifications based on race or national origin?

Strict

5

What scrutiny is applied to classifications based on gender?

Intermediate scrutiny with an "exceedingly persuasive justification"

6

What are the two ways in which a law can be discriminatory?

1. Discriminatory on its face, or

2. Facially neutral but has discriminatory intent or application

7

For numerical quotas benefitting racial minorities to be constitutional, what is required?

Clear proof of past discrimination

8

What condition must be met for an educational institution to validly favour minorities in the interests of diversity?

There must be no race-neutral alternative which could help diversity

9

In the interests of diversity, can educational institutions add points on to the admission scores of racial minorities?

No

10

Are gender classifications that benefit women constitutional?

Generally, to remedy past discrimination and differences in opinion

11

What one thing must gender classifications benefiting women not be based on?

Stereotypes about women, e.g. laws automatically giving alimony to wives because of the notion that a woman is a housewife

12

What scrutiny is generally applies to government discrimination against non-citizens?

Strict

13

On the bar, what five things can a government constitutionally prevent a non-citizen from doing?

1. Voting

2. Serving on a jury

3. Becoming a teacher

4. Becoming a police officer

5. Becoming a probation officer

14

What is the status of a law which denies a benefit to non-marital children, but grants it to marital children?

Unconstitutional

15

How will age discrimination be tested on the bar, and what is the answer?

Challenge to a mandatory retirement law

Rational basis, the government wins